Tag Archives: in-year school admissions

Homelessness and schooling

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Is the education of children made homeless well enough safeguarded? Compared with the education of children in some of the world’s worst trouble spots, this may seem like an irrelevant question to ask of society in England. However, as a recent report from a House of Commons Select committee has made clear there is more that we can do in this country for this group of young people. England’s Homeless Children: The crisis in temporary accommodation

I am slightly surprised that the Housing, Communities and Local Government Select Committee didn’t decide to conduct a joint inquiry with their colleagues at the Education Select Committee on this topic, but, perhaps, they initially didn’t think that schooling would be an important feature of their report.

Homlessness almost always means a move from one accommodation to another. For a school-aged child this can have one obvious consequence; their status has changed. This change in status isn’t something the family is likely to share easily with the school, although I suspect sensitive primary school class teachers and heads will notice the change fairly quickly. In secondary schools, unless the class tutor picks up on the change, it may well go unnoticed until it becomes an issue.

The most likely issue for schools is that the change in accommodation may mean a different, and possibly longer route to school. This might mean children that used to arrive on time may now be late through no fault of their own. The temporary accommodation might also not provide adequate space for learning and homework, so that might deteriorate as well. How schools deal with this situation explains a lot about their policies and the values behind them.

In more extreme cases, homelessness means that a child must change school mid-year, with all the attendant bureaucracy that entails. The Select Committee were concerned that there was no requirement to inform schools.

‘Currently, schools are not always notified when a pupil becomes homeless or changes school due to a move into temporary accommodation. This prevents schools from offering additional support which those children may require. Similarly, GPs are often unaware that families are experiencing homelessness, leaving an incomplete picture of the health impacts of homelessness on children’

The Committee recommended that

‘As the Government seeks to establish ‘consistent identifiers’ for children through its Children’s Wellbeing and Schools Bill, it should ensure that these can be used as a formalised notification system, so that a child’s school and GP are alerted when they move into temporary accommodation.’ Page 30

At least the current Bill before parliament will stop academies and Trusts from stonewalling on accepting in-year admissions.

I would go further an require a child moving school to be placed on the roll of a virtual school run by the receiving local authority, if a school place could not be identified within two weeks, regardless as to how long or short the period of homelessness might be. Children need some degree of support and continuity and to see that their schooling is important to those responsible for supporting the family.

Appeals reflect changes in pupil numbers

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Yesterday, the DfE published the data about admission appeals for the year 2022/23. There were different trends between the primary and secondary school sectors over the use of the appeals process by parents. Admission appeals in England: academic year 2022 to 2023 – GOV.UK (www.gov.uk)

This year, there were just 14,900 appeals lodged for admission to primary sector schools by parents. Of the appeals lodged, 9,628 appeals were heard relating to primary school places for 2022/23. This represented 1.2% of new admissions. The other appeals presumably were not continued, perhaps because a place became available before the appeal was heard.

The rate in the primary sector is unchanged from last year. Prior to 2021/22, the number and rate have been gradually dropping since 2015/16, when 22,820 primary appeals were heard (2.6% of new admissions) and this year the total was half of the total of 28,471 appeals lodged in 2017.

Of those appeals heard in 2022/23, 1,580 primary appeals were successful: a rate of 16.4%. This is a 0.8 percentage point increase on 2021/22 (but is the second lowest success rate since 2015/16). This might suggest that only the most difficult cases now make it to appeal as the pressure on primary schools nationally eases with the reduction in the birthrate and Brexit.

The ONS announcement this week that there were just 605,479 live births in England and Wales in 2022, a 3.1% decrease from 624,828 in 2021 and the lowest number since 2002 suggests pressure on primary school places may continue to ease, unless there is a policy of closing schools due to falling rolls that seems likely once surplus places reach a certain level and school budgets come under pressure.

In the secondary school sector, the trend was in the opposite direction to that seen in the primary sector. 30,379 appeals were heard relating to secondary school places for 2022/23. This represented 4.1% of new admissions. This a slight increase on last year, when 28,687 (3.9% of new admissions) appeals were heard.

The number of secondary appeals shows more variation than at primary level, with the number heard rising as high as 35,648 in 2019/20, before dropping for the two subsequent years. This year is therefore the first rise for three years.

Of those heard in 2022/23, 6,358 secondary appeals were successful, representing 20.9% of the number heard. This is just a 0.2 percentage point decrease on 2021/22. Overall success rates are notably lower than in 2015/16, when 26.3% of secondary appeals were successful and probably reflects the pressure secondary schools and especially popular schools are under in terms of competition for places. It will be interesting to see what happens in this sector once the numbers transferring from the primary school sector start to fall.

In London, falling rolls have already caused the closure of one secondary school this summer. London secondary school to close this summer | John Howson (wordpress.com) Appeals and their success rate do vary between different local authority areas.

In-year admissions are not generally dealt with by local authorities for academies in the same way that local authorities handle all September admissions. As this blog has noted – Jacob’s Law Time for Jacob’s Law | John Howson (wordpress.com) – this can cause problems for children taken into care and although two White Papers have recommended changes, the government has not found the time or inclination to put in-year admissions on the same footing as September admissions and the subsequent appeal process. This seems unfortunate as the change does not require primary legislation.

Marking time between PMs

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The current political turmoil at Westminster has led commentators and journalists to suggest that the Schools Bill is now effectively dead in the water. The Bill had been struggling ever since it was introduced into the House of Lords and then received a right mauling, such as Upper House can sometimes deliver. Even Tory members of the ‘revising chamber’ seemed unimpressed by their own government’s attempts at reform. The strongest support at that point in time seemed to come from the bench of the Lords Spiritual in the form of the Church of England Bishop with the speaking rights for their schools.  

So, while the DfE also waits to see whether kit Malthouse joins the ranks of those passing through Sanctuary buildings or will be allowed to stay on in post as Secretary of State by the next prime minster, what might civil servants do with their time if the Bill has effectively been dropped?

Personally, I would like to see the regulations for in-year admissions updated to provide more power provided for local authorities, especially with regard to children in care and those with an EHCP that move into a new area. These are some of our most vulnerable children, and the present system of opt-out by academies for in-year admissions sometimes doesn’t help their education.

I have called this a need for a Jacob’s Law to change this situation, but in reality, it doesn’t need a law, just a change in regulations and secondary legislation.

For those that want to read the history behind the need for a Jacob’s Law, see  Time for Jacob’s Law | John Howson (wordpress.com) It is now 5 years since Jacob returned to Oxfordshire and started his period of 22 months without a school accepting him on roll. We must not let this happen again.

The last two White Papers have both contained references to returning control of in-year admissions to local authorities and the government has confirmed that to do so doesn’t need primary legislation.

The loss of the Schools Bill also puts at risk the idea of a register of young people of school age. Such a list would allow movement of young people to be tracked and make it harder for children to disappear off the radar. Not impossible, because parents can take drastic action such as disappearing overseas, but at least it might help policymaker understand the extent of home schooling and encourage debate about the rights of children and their parents to education and what that term actually means in the modern age?

The 25-49 age group that contains most parents of school-age children was one of the groups least supportive of the Conservatives in the latest polling of the public, even putting the Party behind the Lib Dems nationally among this age-group! PeoplePolling / GB News Survey Results

In-year admissions matter

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Each year thousands of children move to a different school. In some cases, it is because either a parent has a new job or has been relocated by an employer to a new location. Information in many parts of the country about schools with places available is still as sketchy as when I first started advising relocation firms some forty years ago.

Finding a house is easy, plug in a price band and see what comes up on the search engines. But, what’s the point of buying a house where there are no school places? Children may face either a long period out of school or a long journey to the nearest school with an available place.

So, here’s an idea. A traffic light system to tell parents about the state of schools on local authority web sites and linked to a page on the DfE site.

Here’s how it might work.

Green – places available in-year for all or most year groups

Amber – some places in some year groups

Red – few places or even no places and not worth joining the ‘waiting list’ unless you live very near the school.

Of course, it leaves the system open to gaming – as if the present system was free of such tactics – by naming a full school and expecting transport to be paid for if the nearest school with a place is more than three miles away. But, the risk of that approach is that you get the school nobody else wants to go to.

The situation is especially acute for children with an EHCP and needing a place in a special school. Managing those moves for often severely challenged young people can be especially difficult mid-year. I would encourage employers to take that into account when arranging start dates for the parent.

The issue of in-year admissions is especially challenging in some areas at present because of the influx of children and their mothers from the Ukraine. Often host families live in areas of over-subscribed schools and that can put pressure for local authorities, especially where most of the secondary schools are academies. Hence my traffic light idea. After all, parents don’t understand that local authorities cannot just tell an academy to admit a child.

As the current Schools Bill is wending its way through parliament it might be worth the government either bringing forth the secondary legislation to return control of in-year admissions to local authorities that was mentioned in the last two White Papers or adding a clause to the Bill agreeing to do so within six months of the commencement date of the Act.

As regular readers of this blog know, another group that could benefit from this change are children taken into care and moved away from their local area, usually for very good reasons. This almost always means a change of school. If you want to know why I feel so strongly abut this, search for the post about Jacob on this blog.

Administrative changes need champions, and this is one that I hope many will champion.

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?

Time for Jacob’s Law

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The naming of a young person in Serious Case Review Report is rare. But this week the Report into the death of Jacob in Oxfordshire contained his name. The family gave permission, and hope it will ensure the report is more widely read and acted upon. If so, it is a brave decision, and one that I applaud.

You can read the Report at https://www.oscb.org.uk/oscb-publishes-a-child-safeguarding-practice-review-concerning-jacob/ Full report link at bottom of the press notice

Three agencies, the Police, Children’s Social Services and Education have learning points to take from the Review. In this blog, I will concentrate on the education aspects, as they contain a message heard before on this blog.

Jacob was born in Oxfordshire, later moved to Northumbria, where I suspect he was educated in a First School, and then a Middle School, before being moved in Year 6 to an ‘alternative education provision’ – presumably a PRU?

In July 2017, note the date, the family returned to Oxfordshire. The Report concludes that:

5.1 He was not on roll at any education provision and was a child missing education for 22 months

Jacob’s mandatory need for education was not provided by Oxfordshire County Council when he lived at home and when he was in the care of the local authority both in and when out of county for 5 months. Four educational settings were asked to take Jacob on roll, however largely due to his perceived behaviours and risks to other students he remained off roll for almost 2 years. Jacob’s family were offered the right of appeal when places were refused. His situation was considered by education panels such as the In Year Fair Access Panel and Children Missing Education to little effect and his needs were overseen and monitored by various professionals, including the Virtual School and the Independent Reviewing Officer Service whilst in local authority care. There were no formal dispute resolutions raised14 by Children’s Social Care and his situation was not escalated to the Education Skills and Funding Agency (ESFA) as it should have been.

Had this been an isolated case then this would be understandable, but a month before Jacob arrived back in Oxfordshire I had had an exchange in public with the Cabinet Member for Education at the June 2017 Cabinet meeting of the County Council. Not all questions are for political gain, and this was one where I genuinely thought that there was an issue to be addressed. The question asked:

Oxfordshire county council CABINET – 20 JUNE 2017 ITEM 4 – QUESTIONS FROM COUNTY COUNCILLORS

Question from Councillor Howson to Councillors Harrod and Hibbert-Biles “How many children taken into care over the past three school years and placed ‘out county’ have had to wait for more than two weeks to be taken onto the roll of a school in the area where they have been moved to and what is the longest period of time a child has waited for a place at a school in the area where they have been re-located to during this period?” 

As you will see, I asked both the Education Cabinet Member and Cllr Harrod for Children’s Social Services and received this answer:

Answer Over the past three years it has been exceptional for a Looked After Child to be taken onto the roll of an out of county school in under two weeks. Indeed, of the nine cases of primary age pupils we’ve looked at, the quickest a pupil was placed was 12 days (there were two) and the slowest was 77 days. For the 22 secondary age pupils the picture is even worse, with 3 weeks the quickest placement and a couple taking fully 6 months to get some of our most vulnerable young people into a stable school setting.

The main reason for this completely unacceptable state of affairs is that the Council has no power to direct an academy to admit a Looked After Child. The only way we can force an academy’s hand is to get a direction from the Educations & Skills Funding Agency and this, as you can see from the foregoing times, can be a very long winded bureaucratic process.

The fact that it takes so long for academies to admit our Looked After Children shows how doggedly our officers pursue the matter; I suspect that many other local authorities simply give up when they meet an intransigent academy that doesn’t want to take responsibility for educating their vulnerable young people.

The minutes of the meeting note my supplementary question and the response as:

Supplementary: In response to an invitation from Councillor Howson for the Cabinet Member to work with Councillor Howson and the labour opposition to see what could be done Councillor Hibbert-Biles recognised that it was a national situation, and she would be asking for a meeting with local MPs and relevant minister.

How distressing to read the national recommendation in the Serious Case Review that:

Recommendation 2: This Review asks the Department for Education to acknowledge the education key learning and findings from Jacob’s Review and provide feedback as to the effectiveness of the Education and Skills Funding Agency process in resolving issues in a timely manner. The Review asks the Department of Education to provide statute and guidance to local areas and their communities on how to manage the Governance arrangements with academy run schools and local education departments who currently cannot be mandated to accept children on roll.

And in the local recommendations that:

Action Plan 2: The Education System

The key learning set out below is fully addressed in this action plan for children in the education system in Oxfordshire, overseen by the Chair of the OSCB Safeguarding in Education Sub-Group Key Learning:

An education system that ensures:

1. The paramount importance of the role of schools in keeping children safe

2. An education package is put in place in a timely manner for those children who may show challenging behaviours

3. Those children missing education are known and action is swift

This Action Plan should pay particular attention to ensuring: – Restorative work to resolve the fragmented arrangements between academy schools, alternative provisions and the local authority to ensure collective ownership – Policy and procedures to track when children are not on roll – The function of Education Panels in Oxfordshire (In Year Fair Access and Children Missing Education) – The local application of the Education Skills Funding Agency intervention – Education packages for children who may be at risk of exploitation and also present a risk to others.

For those that read the whole Report, there is further evidence on page 31 and footnote 56 of other issues about school admissions around the same time.

Here’s what I wrote on this blog on the 23rd June 2017:

In my post on 11th June, after the outcome of the general election was known, I suggested some issues that could still be addressed by a government without an overall majority. First among these was the issue of school places for young people taken into care and placed outside of the local authority. They have no guarantee of access to a new school within any given time frame at present. It seemed to me daft that a parent could be fined for taking a child out of school for two weeks to go on holiday but a local authority could wait six months for a school place to be provided for a young person taken into care.

The Cabinet Question reproduced above then appears followed by:

I found the answer deeply depressing. However, the good news is that MPs from the three political parties representing Oxfordshire constituencies have agreed to work together to take the matter forward. Thank you to MPs, Victoria Prentice, Layla Moran and Anneliese Dodds, for agreeing to seek action to remedy this state of affairs.

If readers have data about the issue elsewhere in England, I would be delighted to hear from you, so pressure can be put on officials nationally to ensure a rapid change in the rules.

I had forgotten that unique letter signed by every Oxfordshire MP after I had made my suggestion.

Nothing happened. Jacob died. We cannot wait any longer.

The DfE must act now to ensure all children have a school place within a specified time frame, whether they move to a new area or are excluded by a school. There must be a register of unplaced children of school age that is regularly reviewed by a senior officer and a politician in each local authority, and Ofsted should update the Secretary of State each year about the national picture.

It is time for a Jacob’s Law. His death will not then have been for nothing.

Read more on this BBC Report into the case https://www.bbc.co.uk/news/uk-england-oxfordshire-55841644

No room in the school

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Last week the Children’s Commissioner for England published a disturbing report about children placed into care and moved away form their local area. Entitled Pass the parcel: children posted around the care system is resonated with concerns raised by this blog in the past about the education of these children. https://www.childrenscommissioner.gov.uk/wp-content/uploads/2019/12/cco-pass-the-parcel-children-posted-around-the-care-system.pdf

The report highlighted the fact that 30,000 children are placed in care setting ‘out of their area’. Of these, some 11,000 are more than 20 miles from what they term ‘home’, with 2,000 placed more than 100 miles away. There may be good reasons for such a move. These include safeguarding issues such as avoiding former gangs or groups that were sexually exploiting the child.

However, the Children’s Commissioner Report suggests that often this type of move is because there is nowhere locally for these children to live. Pressure on Children’s Social services was always going to intensify as the number of children taken into care increased.   With local government having experienced a period of significant funding cutbacks from government it is not a surprise that services where need is expanding, such as this, are facing particular challenges, especially as the concept of  a ‘just in time’ economy meant resources could not be funded to be on stand-by if needed..

This blog has highlighted the issue of schooling for these children placed ‘out of area’ in several previous posts. Indeed, all Oxfordshire MPs in 2017 wrote to the Minister about the matter. As a result, it is disturbing that the Children’s Commissioner’s Report highlight this issue as still a matter for concern.

We spoke to children during September and October and many of them had no school place for the beginning of the school year. This was a common occurrence for older children, a number of whom were stuck waiting for decisions from professionals. This waiting game could last weeks or months, despite statutory duties to prioritise education, and in the case of emergency placements to secure suitable education within 20 school days.14 Virtual School professionals responsible for managing education plans for looked after children informed us that when children are placed outside of their local area it can contribute to delays because different areas have different application procedures to be understood and navigated. We were advised that children with Education, Health and Care (EHC) plans15 usually suffer further setbacks because their applications must go via Special Education Needs and Disabilities (SEND) teams and because schools take time to assess whether they can meet children’s needs. Page 15 of the Report – my emphasis.

In all, the Report concludes that ‘5% (140 children) of this out of area group missed a term of school or more, compared to 2% of those staying in their home local authority.’ The Report doesn’t identify the reasons why finding a school place should be so time-consuming for these young people whose lives have already been disrupted. Is the issue especially bad in areas where there are clusters of Children’s homes taking in children placed into care?

The Report concludes with the recommendation that:

‘The DfE ensure that its review of the role of virtual school heads looks at education processes in response to out of area placements. This review, which is already in progress, should consider: how virtual school heads can have a greater role in placement decisions; giving local authorities powers to direct academy schools to admit children placed away from their home areas; how delays in school transfers can be minimised for these children, especially unaccompanied asylum seeking children (UASC) and children with Education, Health and Care (EHC) plans, including how admissions processes can be simplified; how children can be kept in mainstream schools as far as possible.’   Page 17 of the Report

I would add and also look at what happens when children used to a comprehensive style of schooling are placed in secondary modern schools. These young people deserve better from Society.

Military Matters

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Today, as well as attending the Two Minutes Silence and wreath laying ceremony at County Hall, I also attended some training about the role of the Military Covenant and Military Champions in local government. During the training, Education emerged as a key concern for many service families. Despite the almost complete removal of our forces from family accompanied postings in mainland Europe, many service families are still expected to move location to a new posting, possibly as frequently as every two years.

These moves can play havoc with children’s schooling. Of particular concern, in this age of academies, is the lack of the same degree of oversight of in-year admissions as for the September round of admissions. Indeed, most academies act as their own admission authority for in-year admissions. Most moves within the services do not conform to the school year for obvious operational reasons.

One person said at the training ‘well, if one pupil moves out and another moves in, what is the issue?’ For many in education the answer is obvious in terms of the ages of the children and the schools that they might attend. Unit moves where only the local primary school is affected are now something of a rarity, and even then the ‘march out’ and arrival of the in-coming unit might not coincide. Differing numbers might mean that the school might not immediately receive the appropriate level of funding, depending upon when the move takes place.

One solution would be to return oversight of in-year admissions, at least for service children, to local authorities, with the power to direct academies to admit pupils arriving mid-year. Another person at the training told a story of a senior officer being told there was no place for his son at a secondary school while overhearing the person on the other end of the phone say to someone that the school didn’t want any more service children on roll: how disheartening.

I know that children of service personnel are eligible for the Service Children Premium, but the amount hasn’t been increased and is, therefore, of less value than when introduced, and it is not clear how the spending is monitored.

There are also stories of children being denied free transport to school because they arrived mid-year. I wonder about the legality of such a move by any  local authority, and whether any authority has put such a clause in their Home to School Transport Policy? I also wonder whether service children posted into areas such as Kent and Essex where there is selective education receive a fair deal over access to grammar schools. Indeed, do other children moving mid-year because a parent has been relocated by their employer also suffer if they arrive into selective systems?

One final military gripe is the difference in funding between Cadet Units and Combined Cadet Force Units. The former are community based and the latter school based. However, that should not affect the level of funding each receives for the same tasks.

These are all issued for the new government after the general election.