GLD Vacancies

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

DfE launches consultation on proposals to tackle 'coasting' schools

The Department for Education has launched a consultation on its proposals to address underperformance in ‘coasting’ local authority-maintained schools.

The consultation, Intervening in failing, underperforming and coasting schools, covers:

  • Background and context to the consultation: timing and implementation;
  • Consultation on revised statutory Schools Causing Concern guidance: background; content of the guidance; questions for consultation;
  • Consultation on the coasting schools definition: background; underlying principles; proposed definition; which schools are covered by the proposed definition; what will happen when a school is coasting; questions for consultation.

The consultation runs until 18 December.

The DfE said the measures would allow the Government to swiftly intervene and turn around failing schools.

“The measures will sweep away the bureaucracy previously exploited by opponents with ideological objections who could delay or obstruct the process by which academy sponsors take over to improve the running of schools,” it claimed.

“In some cases, campaigners have delayed intervention by drawing out debates, refusing to provide important information and blocking vital decisions.”

The Department added that schools also eligible for intervention would be those which fall within a new definition of ‘coasting’ where performance data shows that, year on year, they are failing to ensure their pupils reach their potential.

“Unlike failing schools, where there is no question that swift intervention is required, coasting schools will be offered help,” it said.

Education Secretary Nicky Morgan said: “We are committed to delivering on our manifesto commitment to transform failing and coasting schools so that every child has the benefits of an excellent education.

“Over the course of the last Parliament, we saw a million more pupils in good or outstanding schools. The measures outlined in this consultation will focus on the next million, extending opportunity to young people.”

The DfE said the timing of the new powers taking effect would be subject to the passage of the Education and Adoption Bill and the will of Parliament.

However, it expects the timescales for this to be as follows:

  • The powers regarding schools eligible for intervention will take effect from the summer term 2016 at the earliest, “at which point they will be used in inadequate schools and schools that have failed to comply with a warning notice”.
  • The Schools Causing Concern guidance will be published “in good time” to take effect to the same timescale.
  • It is proposed that a school will only be identified as coasting in light of three years of results – in the first instance results from 2014, 2015 and 2016 – and therefore Regional Schools Commissioners will be able to notify schools that they are coasting at the point of publication of performance tables reflecting final 2016 results. “No school can be identified as coasting prior to that point.”
  • Whether and when special schools and pupil referral units might be considered to be coasting is yet to be determined, and will be subject to responses to the consultation.

The consultation paper and background documents can be viewed here.