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Plans are underway to transform the support provided to children with special educational needs and disabilities (SEND) as part of a new national education plan, as outlined in the Government’s SEND and Alternative Provision Green Paper.

The Green Paper follows the SEND Review and families are now being invited to have their say on how the new system will be shaped. The proposals aim to improve a system that has been criticised for being a postcode lottery, leaving many young people with poor outcomes.

The Green Paper proposals at a glance

 New national standards will be set across education, health and care to boost performance across the SEND system.

• Educational, Health and Care Plans (EHCP) will be simplified and made digital to reduce bureaucracy. It is envisaged that this will give parents access to information on appropriate placements to make informed choices.
• ‘Local inclusion dashboards’ will be published to improve transparency to make information more accessible to parents and young people.
• Local authorities will be legally required to introduce ‘local inclusion plans’ to give more certainty on who is responsible for and when across early years, school and post-16 education.
• The ‘culture and practice’ within mainstream education are to be changed to become more inclusive for children with SEND. The ability to identify and provide help is to be improved by targeted support and earlier intervention.
• A new national framework for councils will be created for banding and tariffs for high needs to match the national standard. It is hoped this will provide families with clarity on the level of support they can expect and help make the system more financially sustainable for the future.
• Workforce training will be improved with the introduction of a new SENCo NPQ for school SENCos and to boost the number of staff in early years settings with an accredited level 3 qualification.

The DfE has backed down on academy orders which would have forced 19 schools to join a church MAT, following a legal challenge.

The legal action was brought by four education unions after Catholic Hallam Diocese schools were issues academy orders with their governors’ express consent.

The diocese, which covers South Yorkshire, Derbyshire and Nottinghamshire, had originally sought to academise all voluntary Catholic schools in its catchment and, as a result, the DfE issued academy orders in December 2021, even though such directives are normally only handed down as a result of “inadequate” Ofsted inspections.

Head teachers and governors at the affected schools expressed shock and surprise that the orders had been issues without their consultation and the unions mounted a legal challenge, citing the fact that the governors had note voted on the matter and the orders were therefore void.

As a result, the DfE has now agreed to formally withdraw academy orders for all 19 schools.

Kevin Courtney, general secretary of the National Education Union, added: “This is a victory for common sense, and an important line in the sand.”

A spokesperson for the DfE said: “We continue to work with the Diocese of Hallam as they establish academy trusts in consultation with their schools, and will issue new academy orders in due course once formal applications are made by the relevant schools’ governing bodies.”

If you need legal advice or support either with a MAT application or to challenge academy orders, please get in touch with our expert education team.

Independent schools and universities in the UK are diversifying their revenue streams to stay afloat, according to a new report by education insurance provider, Endsleigh.

In a bid to prop up dwindling revenue from more traditional sources, the report found that one in five (22%) independent schools have partnered with commercial organisations.

Amongst independent schools and universities surveyed, 40% had reviewed supply contracts in an effort to find local or better value options.

A third (33%) of independent schools and more than a quarter (27%) of universities admitted they had also increased the number of fundraising events to raise much needed funding.

Whilst funding continues to be a primary focus, the study found that private schools and universities are redoubling their efforts to hire and retain staff, with 85% of institutions taking action to make the working environment and employee wellbeing a key aspect of recruitment and retention.

Amongst the most popular initiatives being offered is hybrid working, with half (50%) of universities and just under 40% of independent schools confirming they have introduced a flexible working policy.

Despite the continued strain on resources, over a quarter (28%) in the sector said they had increased salaries, with just under a quarter (24%) increasing pension contributions.

The report’s authors also found that green credentials are becoming increasingly important, with 12% saying they were introducing plans to achieve net zero emissions or reduce their carbon footprint.

Banter can be a controversial subject. To some, it is simply light-hearted teasing that a team can bond over. Yet to others, it can be interpreted as being a hallmark of a hostile workplace culture where bullying is rife.

Interpreting which actions cross the line and which do not is a tightrope, and as an employer you need to tread carefully to ensure your staff are protected from unacceptable behaviour.

Samantha Randall, an Associate Solicitor with Palmers, who specialises in employment law, said: “Workplace harassment is defined as: “unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.

“The problem is that one person’s “banter” can easily be another person’s “harassment”.

“The biggest employment law risk is when things touch on protected characteristics under the Equality Act.”

According to the Equality Act, the following characteristics are protected by law:

• Age
• Gender reassignment
• Being married or in a civil partnership
• Being pregnant or on maternity leave
• Disabilities
• Race including colour, nationality, ethnic or national origin
• Religion or belief
• Sex
• Sexual orientation.

Samantha added: “The widespread use of technology and social media means that the risks of workplace harassment are compounded, due to increased communication between employees outside of the workplace; whether by way of video calls or through text messages or instant messaging apps.

“As an employer, you should have in place a clear bullying and harassment policy so if a member of staff feels they are the subject of bullying or harassment, they are able, in the first instance, to raise the matter internally.

“It is important to take all complaints of harassment seriously, particularly if it is an allegation of bullying in relation to a protected characteristic under the Equality Act, as a failure to do so could lead to legal action and a possible employment tribunal.”

For help and advice on all aspects of employment law, please get in touch with us.