blake lapthorn academies conference, southampton - 18 june 2013
DESCRIPTION
Blake Lapthorn's Education team hosted a summer conference for Academy schools and those looking to convert to academy status. The conference provided guidance and advice with the guest speaker being Zenna Atkins, former head of Ofsted.TRANSCRIPT
Elizabeth DavisPartner and Head of Schools team
Summer conference for Academy Schools
18 June 2013New Kings Court, Southampton
#BLacademiesCon
Welcome
Zenna Atkins
• Who I am• The government policy landscape • Grass routes responses• Threats and opportunities• Are we hitting the policy and
missing the point
What I hope we will cover today
The Government Policy agendaSmall state - Localism
• Financial stability – Debt reduction– Quantitative easing– Cuts
• Decentralisation– Health– Education– Planning
• Local action– Big Society– NCS– Volunteering – Community empowerment
• Customer is king– Customer centric– Customer pays
• Stop doing– NDPBs– Functions– Services
• Cultural shift– Market– Competition– Every one is a better provider than
the public sector – Commissioning not provision– Scrutiny
The Vision•Every school in England - Academy status should become “the norm” Moving from State to Charity Governance •New schools – Free Schools•Local Authorities – commissioners, limited education involvement •New national curriculum or is it an old national curriculum•New GCSE’s, AS,- new performance frameworks
National overview of the government Policy on Education
• Types of Academies• Sponsored• Converter• University Technology College• Studio Schools• Free School • Technical Academy
• Others• Trust• Foundation
OverviewSchools no longer run by the state
• Free Schools • Proposed to DfE by parents, community groups,
new schools • University Technical Colleges (UTCs)
• For 14-19 year olds • Vocational & Technical • University led• Local employer engagement
• Studio Schools • 14 to 19 tailored • Target disaffected young people
• Technical Academies• Like UTC’s but 11 to 18
OverviewOther Academies
• National leaders of education (NLEs)• Outstanding head teachers • With the staff in their schools support schools in
challenging circumstances • NLEs work to increase the leadership capacity of
other schools to help raise standards• Attempting to re create networks
OverviewSchool improvement and support
• Teaching Schools• National network of teaching schools,
modelled on teaching hospitals • Outstanding schools funded to lead the training and
CPD of teachers and heads • Training school and teaching school models
brought together• Leading responsibility for providing and quality
assuring ITT in their area
OverviewSchool improvement and support
• Collapse of LA education services• Non academies top sliced for nothing • Unfair funding • Messed up admissions and allocations• Lost disaffected children• Lack of support resources• Reduced affordability• No crisis support• Isolated leaders • Risk averse governance • Going bust• No system for managing failure• Isolated Primary schools
Threats of the new schools environment
• Re-engineer system and schools• Freedom form interference• Collaboration • Creating new economies of scale• Ability to innovate• Invest in what you want not what you
are given• Manage the work force more robustly
Opportunitiesof the new schools environment
Collaboration
• Why collaborate?– Save money– Share knowledge– Share expertise– Learn from others' mistakes– Exercise greater influence – Benchmark– Easier to innovate – Address entrenched problems– Strength in numbers – reduces risk– Access to capital
Ways to deliver and structure collaboration
• Commissioning agreements
• Joint ventures
• Clusters
• Soft and hard federations
• Shared services agreements
• Joint contracts
• Operating companies
• Power shift• User driven learning • User lead learning • Any time, anywhere learning• Custom made learning• Living credible CV’s• Global teaching global learning• Employer needed skills• Application of information and Knowledge
Global education the future trendsFor today its all about structure and standards, for
tomorrow its about…
Never lose sight of the important
• Delivering the best and relivant education for the pupils
• Getting the best results
• Attracting, developing and keeping the best teachers
• Facilitating parental engagement
• Making the most of the money
• Keeping it simple
Thank YouZenna [email protected]
Pupil Misconduct
Does the school have a policy?If so, stick to it..!The Head needs to be able to support their decision by relying on evidence obtained so:
- Investigate and obtain witness statements- Decide if / when there is to be a meeting with P- At the meeting - Allow P to have their say / have sight of the evidence
- Are you going to permit P to be represented?- Who by? Do you want lawyers involved?
Pupil Misconduct – the initial hearing
The pupil should know:- What they are alleged to have done- What the evidence is against them- By which time they must respond- When the hearing will be- That they will be given an opportunity to present their case- What criteria will be applied in determining ‘sanction’.
Pupil Misconduct
What happens if a pupil is excluded?Regulations need to be applied – from 1st September 2012 these are:- School Discipline (Pupil Exclusion and Review) (England) Regulations 20123 stage process:- Head teacher - Governing Body- Independent PanelWhat about the position for Academies?
Staff Misconduct
Fairness reigns supremeFirst considerations will relate to safeguarding…Do you need to notify Local Authority Designated Officer (LADO)?Do you need to notify the Police?Co – operate with the investigations of other agencies
Staff Misconduct
Procedure will be all about fairnessStaff must know:- what allegations they are required to meet- by which time (if at all) they are required to respond before any meeting- when such a meeting will be- that they will have an opportunity to test the evidence- standard of proof to be applied- sanctions against published criteria
Regulators
General Teaching Council
Teaching Agency
National College for Teaching and Leadership
Disclosure and Barring Service
NCTL
Requirement to refer?
Case investigation and progression
Professional Conduct Panel Hearings
Teacher Standards
Disclosure and Barring Service
Who?What is their role?Duty to refer - Section 35 SVGA 2006Duty to Co-operate – Section 37 SVGA 2006 Schedule 1 sets out what information needs to be provided but:- My advice would be to respond by sending what has
been specifically requestedOffence following non referral / compliance without reasonable excuse punishable with a fine (Level 5)
Key basics
Parties – are the details correct– how do you check
Dates – date of agreement/signature– start date
Parties’ obligationsIntellectual PropertyConfidentialityData ProtectionGoverning law, jurisdiction, disputesIs the agreement complete
Goods/Services
Fully and accurately described
Do they reflect what you’re expecting
KPIs/standards
Acceptance testing
Expert help
Financial terms
Price/method of calculation
Payment – when– lump sum/instalments– in advance/arrears
Interest on late payment
Changes to price
Term/Termination
Fixed/Indefinite Term
Period of notice
Reasons for termination– default/breach– ‘insolvency’– other
Liability
Likely loss/damage
Exclusions and limitations of liability
Direct, indirect & consequential loss
Financial cap
Final thoughts
Assessment of risk
Use of standard contracts
Contract management
Hiring
Identify vacancy, prepare job description and person specification
Advertise vacancy appropriately
Standard application process
Short listing and interviewing
Offer of employment : conditional?
Hiring
Documentation:-1.) Statement of particulars
Legal requirement within 2 monthsStatutory information
OR2.) Contract of employment/service agreement
More comprehensive3.) Handbook : contractual/non contractual
When things go wrong
EmployeeGrievance process:– Raise informally/formally– Meeting and decision– Appeal– Right to be accompanied
EmployerDisciplinary process:– raise informally/formally– Meeting and decision– Appeal– Right to be accompanied
Firing
ACAS Code : +/- 25% damagesDisciplinary policyGeneral principles of fairness
Fair reason+
Fair procedure↓
Fair dismissal
Firing
Unfair dismissal : potentially fair reason– Conduct– Capability (performance or ill health)– Redundancy– SOSR– Illegality
From April 2012 : need 2 years continuous service although are exceptions
Firing
Exit packages– A claim or threat of a claim– Is it in the interest of the Academy?– Considered assessment of circumstances
Practical Guidance
Review recruitment procedures
Check application procedures
Check employment rules and procedures
Consider issues of discrimination in relation to training, promotion, access to benefits, dismissals etc
Training
Current and future challenges in relation to Pensions
(and some crystal ball gazing)
Adrian LambPartner and Head of Pensions
and Trusteeship Services
THINGS WILL NEVER BE THE SAME AGAIN!
A =
AcademiesAgeing populationAuto enrolmentActuarial valuationsAdministering AuthorityAssetsAggregation (pooling)Alternatives and adjustments to TPS and LGPS?
Life expectancy rises by 44 days in just one year
Pensions issues
1.) Existing teaching staff2.) New teaching staff3.) Existing non-teaching staff4.) New non-teaching staff5.) Funding the past 6.) Paying for the future7.) Workers (not employees) and auto enrolment8.) Flexibility?9.) Levelling down?
Pensions - Some things stay the same but some are quite different
Existing staff allowed stay in TPS or LGPS - with associated costsTPS is unfunded but costs still have to be met!LGPS – Pick up the tab for the past – Possible separate calculations
Pooling may be possible for now but ….Different approaches by different councils?Oxfordshire consultation, others doing the same/similar
New non-teaching staff allowed to join LGPSNo obligation to stay that wayWhat does the future hold?
Pooling won’t cover everything
Ill health – insurance option but otherwise expensiveSpreading periodWon’t get all the benefits (no stabilisation benefit)Early retirements
Auto enrolment – why has it been introduced?
UK workforce not saving enoughIncreased longevityState pension insufficientStakeholder (current duty)
What is the new employer duty and who does it apply to?
All UK employersAuto enrol all eligible jobholders into a qualifying scheme– workers (not just employees)– aged between 22 and State Pension Age (SPA)– earning enough to pay income tax
Waiting periodPay contributions
Jobholders and entitled workers
“eligible jobholders”– Workers aged between 22 and SPA earning over tax
threshold “ineligible jobholders”– Workers aged between 16 and 21 or SPA and 74
and/or earning between LEL and tax threshold “entitled worker”– Workers earning less than LEL
Monitor worker statusMonitor pay levels, variable hours contracts, etcContractors, agency workers, etc
How will employers comply?
What is a qualifying scheme?Occupational or personal Quality standards– DB = minimum benefits – LGPS and TPS OK– DC = total 8% contribution of “qualifying earnings”
4% worker contribution3% employer contribution1% tax relief
– Qualifying Earnings – between LEL and UAP– Contracting out ceasing complicates matters but
should be OK if stay with LGPS and TPS
The obvious questions
How many will opt-out?What will 8% of Qualifying Earnings buy at retirement?How many 22 year olds will have a 46 year contribution history at State Retirement Age?What will the 2017 review bring?
– Compulsion?– Increase in employer contributions?– Increase in member contributions?– Widening of Qualifying Earnings definition?
60
What do I get for my money?
Median earnings in the UK for full time workers end 2011 -£24,024 p.a.8% of qualifying earnings (£24,024-£5,564) are £1,477 paIgnoring pay growth (just to keep it simple) but adding in 3.5% real investment growth net of charges (broadly, SMPI assumptions) Gives a fund after 40 years of saving of £124,864Which, today, would buy a 65 year old male a joint life, inflation linked annuity of….But rich people live longer!A 65 year old male retiring today, with a pot of £1,500,000 - the Lifetime Allowance, could buy a joint life, inflation linked annuity of….
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£ 307 per month (just over 15% of salary)
£ 2,831 per month (£33,972 per year)
Annuity rate sources: Money Advice Centre, Comparative Tables
…phasing in defined contributions
Up to Oct 2017 = 2% (1% employer contribution)Up to Oct 2018 = 5% (2% employer contribution)Oct 2018 onwards = 8% (3% employer contribution)
And other benefits/options?
Salary sacrifice – NI savings but current law preventsLife assurance – separate/insured?Flexible benefits – lifestyle choices, etcLong term sickness/ill health early retirementPrivate medical insuranceOther savings?Affinity group benefits?
Pensions and other benefits for Academy staff - the issues, challenges and options
TPS and LGPS for existing staff … and for all new staff?Unknown liabilities for the past – pooling v. individual costsUncertain costs for the futureWill you be a winner or a loser?Flexibility?Auto enrolment – cost savings v. administrative complexityOpting out and under provisionDifferentiation, e.g. flexible benefits and workforce segmentationOne size may not fit all!
Current and future challenges in relation to Pensions
(and some crystal ball gazing)
Adrian LambPartner and Head of Pensions
and Trusteeship Services
Topics
AsbestosWorking at heightSchool tripsWork experience
Asbestos management for schools
Still a significant problem for schoolsMore than 14,000 schools were built between 1945 and 1975 when use of asbestos was at its heightThe Department of Education estimates 75% of schools have some buildings that contain asbestosAny building built before 2000 can contain asbestos
Consequences of poor asbestos management
Sherbourne School for Boys - fined £60,000 in relation to prosecution brought by the HSE. Cost of decontamination - an IT cable was installed through a ceiling void contaminating the majority of the ceiling voids throughout the building. The clean up cost was £280,000.During electrical rewiring over the summer, contractors were seen with bags of asbestos waste. Asbestos contamination had spread through the whole school. It cost the school and council £4.54 million as a direct result of the contamination.
When it becomes a risk
Only when fibres are released into the air and breathed inCan be released by vandalism, accidental damage or as materials deteriorateThrough maintenance work, repairs or improvementsFound in boilers, pipework, underground ducts and service risersPartitions or cladding of steel framed buildings, fume cupboards and window and door surrounds
Control of Asbestos Regs 2012
Duty on those responsible for maintenance or repair of premisesNeed to identify where it is, its type and conditionAssess risks – is it likely to be disturbedManage and control the risks
Who is the duty holder?
For academies, it is usually the academy trust.Where budgets for building management are delegated to the school by an academy trust, the duty to manage is shared between the school and the trust.The extent of the duty depends on the nature of the agreement and the responsibilities for repairs and maintenance.Where duty is shared, cooperation and communication is key to effective management.
What should we have?
A survey: conducted by a qualified asbestos surveyorManagement survey – for normal occupation and useRefurbishment survey – when upgrading, refurbishing or demolishingA Register – takes information from the survey and records in a shorter more accessible format
Asbestos Management plan
Who is responsible for the management of asbestosRegisterSchedule for monitoring condition of asbestosWhat, when, howHow risks will be managed
Information, instruction and training
Any one whose work could foreseeably expose them to asbestosAny one supervising the aboveMaintenance peopleBasic awareness for staff i.e. not to disturb or damageKnow to report for example if damage to ceiling or floor tiles
Guidance
Asbestos Management in Schools guidance from the department for education
Asbestos management checklist for schoolshttp://www.hse.gov.uk/services/education/asbestos-checklist.pdf
HSE website
The meaning of “work at height”
Work at Height Regulations 2005: to be “work at height”, the work must satisfy two conditions:
1.) It must involve:- working in any place, including a place at or below ground level; or- obtaining access to or egress from such a place, (except by a staircase in a permanent workplace); and2.) The employee must be somewhere where they could fall a distance liable to cause personal injury.
Work at height – practical examples
Standing at higher than ground level to:– put up displays (common incorrect solutions are desks
or chairs)– close windows (a common incorrect solution is a stool)– carry out repairs and maintenance work, often using
laddersMost of these would involve falling a height of far less than two metres, yet the risk of injury can be great
Work at height – the legal hierarchy
1.) Avoid work at height if it is reasonably practicable to carry it out safely not at height; otherwise
2.) Carry out the work at height from an existing place; otherwise
3.) Provide sufficient work equipment for preventing a fall occurring, otherwise, if that equipment does not eliminate the risk of a fall occurring
4.) Provide sufficient work equipment to minimise:– the distance and consequences of a fall; or where it is
not reasonably practicable to minimise the distance– the consequences
Work at Height – how things go wrongBhatt -v- Fontain Motors (July 2010)
Claimant employed by car workshopDefendant stored car bumper kits in a loft space that was difficult to accessAccess limited to the claimant and two othersSafe system of work was institutedClaimant accessed the loft in admitted breach of the safe systemClaimant fell and was injuredIssue: was the Defendant liable given that the Claimant had admitted failing to follow the system?
Work at height – other obligations
Ensure that work at height is– properly planned– appropriately supervised– carried out in a manner which is safe
Select appropriate work equipment in accordance with the criteria in the regulationsProvide training and instructionNB this list is not exhaustive
Work at height – practical suggestions
For low level work the HSE suggests:– “elephant foot” stools– kick step type stools– low steps with hand rails
Generally, the HSE suggests that ladders are permissible if:– the use of more suitable work equipment is not justified
because of the low risk and short duration (between 15 and 30 minutes depending upon the task)
– Schedule 6 of the regulations is observed
Work at height – additional resources
Schools work at height flowcharthttp://www.hse.gov.uk/falls/casestudies/guidanceflowchart.pdfSchools work at height practical guidancehttp://www.hse.gov.uk/falls/casestudies/guidancetables.pdfClassroom health and safety checklisthttp://www.hse.gov.uk/risk/classroom-checklist.pdf
School trips and outdoor learning activities
November 2011: Teacher voice survey - asked if health and safety requirements had got in the way of taking pupils on school trips1,500 teachers36% felt health and safety requirements got in the way of taking pupils on educational trips and visits to a great extentA further 41% to a small extentBoth HSE and DfE anxious to tackle myths about legal action
HSE: tackling the Health and Safety myths
HSE published a policy statement confirming that they fully support schools arranging a wide range of school activities and that it wants to encourage all schools to remove wasteful bureaucracy imposed on those organising trips and activities.Focus is on how real risks are managed and not on the paperwork.Prosecutions only arise from the most serious breaches of the law and are extremely rare – 2 in 5 years.Civil claims for compensation are a separate issue.
Planning for a school trip
Focus on real risks when planning trips – not risks that are trivial and fancifulHave proportionate systems in place so that trips presenting low risk activities are quick and easy to organise and higher risk activities (such as those involving climbing, caving or water based activities) are properly planned and assessed.Take a common sense and proportionate approach.Case studies on HSE website.
Example of Managing Risk
Case study from HSE website: 103 year 11 pupils travelling from Dorset to London’s East End as a part of the urban environment aspect of their human geography GCSE studies.As part of the planning they considered:– Travel disruptions– Pupils (and tickets) getting lost or becoming separated
from the main group– Pupils becoming ill or how injuries might occur– The impact of bad weather– Contingency plans
Management of the Risks
Travel arrangements
Communication
Supervision
Emergency procedures
Basics
Parental consent for all offsite activities
Written consent from parents is not required for pupils to take part in the majority of offsite activities organised by a school during school hours and are a normal part of a child’s education.
Parents should be told where their child will be at all times and of any extras if it is required.
Parental consent for all offsite activities
Written consent is usually only requested for activities that need a higher level of risk management or those that take place outside school hours.
DfE one-off “consent form” which schools can ask parents to sign when a child enrols at the school.
http://media.education.gov.uk/assets/files/doc/d/dfe%20consent%20form.doc
Opt out rather than opt in.
Work experience – role definitions
Education employer– The governing body of the academy
Education establishment – The academy
Work experience organiser– The agency organising the work experience, e.g. the
academy, an EBP, an LEA etcPlacement provider– The organisation where the work experience will take
place
Work experience – the basics part 1
The board must ensure that no non-employee is exposed to risks to their health and safety as a result of the academy’s conduct of its undertaking (s.3 HSWA 1974)The people to whom this duty is owed includes studentsIf it is the practice of the academy to organise or require students to have work experience, the work experience is part of the academy’s undertakingThis duty cannot be delegated
Work experience – the basics part 2
All your students will be “children” within the meaning of the lawAnyone on work experience is regarded as an employeeThis means that all the rules relating to the employment of children and young persons apply, in particular:– Prohibited placements– Young person risk assessment
Work experience – implications of the s.3 obligation if an EBP or equivalent is being used
The academy must ensure that:– The organiser is competent– The organiser will make the necessary arrangements
for assessing the suitability of placements– It provides the organiser with information about the
students to enable it to manage their health and safety in the placement
– Students are properly briefed on what to expect and to provide feedback
Work experience – implications of the s.3 obligation if the academy is the organiser
It must ensure that:– the placement provider complies with health and safety
law– students are not exposed to risks to their health and
safety– placements are suitable in terms of welfare and health
and safety– the students will not be undertaking any prohibited
activities– visiting school staff are not exposed to risk
Work experience – additional resources
HSE guidance (currently under review):– http://www.hse.gov.uk/youngpeople/workexperience/inde
x.htmRoSPA Young Workers:– http://www.youngworker.co.uk/index.htm
DfE guidance on the employment of children:– https://www.gov.uk/government/uploads/system/uploads/
attachment_data/file/193326/child_employment09.pdf
What will we be covering in this session?
The fundamentals– Articles of Association– Filing requirements– Holding meetings
Good governance– What makes an effective board?– Financial controls– Decision-making
Duties and responsibilities of Directors/GovernorsTaking on other schools – key considerations
The fundamentals – Articles of Association
Why are your Articles important?What do the Articles cover?– Objects and powers– Restrictions on benefits– Members– Directors (multi) / Governors (single)– Conflicts of interest– Administrative provisions
Making changes to the Articles
The fundamentals – filing requirements
Annual ReturnAccounting requirementsDirectors– Appointments and retirements– Changes to Director details
Company secretaryChanges to your Articles of AssociationFilings with the EFA
The fundamentals – holding meetings
Law of meetings Different types of meetings– Board (i.e. Directors / Governors)– General (i.e. members)
AGMsFollow the Articles– Notice– Written resolutions– Who is entitled to attend/vote– Quorum– Majority required
Good governance – an effective board
Collectively responsible– Performing well, solvent, compliant– Aware of legal responsibilities
Acting prudently to protect assets and propertyManaging and mitigating riskEquality and diversityInternal controls, policies and proceduresGetting the right mix of skills and experienceDefined roles and responsibilities
Good governance – financial controls
Fundamental duty to protect the property and secure its application for the objectsGuard against fraud and mismanagement with proper financial procedures– Setting strategy – Approving and reviewing budgets– Control over income and expenditure
Structure for areas of responsibility, lines of authority and lines of reporting
Good governance – decision-making
Collective decision-makingDelegation– Using committees– Responsibility remains with Directors/Governors– Terms of reference– Reporting back to the Directors/Governors
Managing conflicts of interestDifficult decisions– Careful process– Professional advice
Duties and responsibilities of Directors / Governors
Duty of care– Act in best interests of Academy Trust Company– Act reasonably and prudently in all matters– “Exercise such care and skill as is reasonable in the
circumstances”– Deciding policy, strategy and plans
Compliance– With the Secretary of State’s requirements– With the law
Director / Governor training
Taking on other schools – key considerations
Overall responsibility for the MATImpact on existing school(s)Due diligencePractical considerations– Consistency and streamlining– Staffing considerations
Financial and risk awarenessLocal governing bodies– Schemes of delegation
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