Penalty Notices for unauthorised absence

Q: The headteachers of Local Authority maintained schools have the power under The Education (Penalty Notices) (England) Regulations 2007 to issue Penalty Notices to parents if their children do not attend school when they should do.

For Academies and Free Schools:

(1) Do The Education (Penalty Notices) (England) Regulations 2007 apply to Academies and Free Schools?

(2) If not, do the Principals of Academies and Free Schools have a similar power under other legislation, and if so which legislation?

(3) Under The Education (Penalty Notices) (England) Regulations 2007 LAs have to issue a local Code of Conduct which LA schools have to follow. Do Academies and Free Schools have to follow the Code of Conduct of the LA they are located in, or do they write their own Code of Conduct?

(4)What happens to fines paid under Penalty Notices issued by Academies and Free Schools? Dowe keep them for our own school funds or pass to DfE or LA?

DfE answers:

1.Schools can use fines (or `penalty notices’) and sanctions against parents, where there is unauthorised absence from school. These fines can be used by all schools - not just academies.

2. See above

3. All schools must follow a code set out by their local authority.

4.Only Local Authorities can issue penalty notices at the moment. The proposal for schools to be able to is part of the Charlie Taylor’s review but the idea of schools keeping the proceeds has not yet been worked out.

Background information, for interest:

The Anti-social Behaviour Act 2003 enabled schoolslocal authorities to offer voluntary parenting contracts, parenting orders and penalty notices to parents in specified circumstances relating to poor behaviourexclusion and attendance. These measures were first introduced in 2004. Contracts provide support to the parent, e.g. parenting classes to improve their skills or referral to other services for help e.g. housingdrug or alcohol treatment. Parenting orders impose requirements on parents to attend parenting programmecounselling for at least three months. Orders are intended for the minority of parents who are unwilling to engage voluntarily with schools and local authorities to address their children’s behaviourattendance problems. Penalty notices are fines which can be issued to parents either because their child has failed to attend school regularly or if their excluded child is found in a public place during school hours.

Religious education

Q: Is it compulsory for non-Faith Academies and Free Schools to teach Religious Education the same as LA maintained schools are?

DfE answers: Non-faith Academiesdo have to teach RE. Academies are not required to follow the National Curriculum but, through their funding agreements, they are required to teach English, maths and science as part of a broad and balanced curriculum, and to make provision for the teaching of Religious Education (RE). Further information is on the DfE site. Free Schools must also teach religious education, and provide for a daily act of collective worship. More information is on the DfE site.

Differentiation

Q. Where can I find out more about differentiation in Learning and Teaching? How should teachers be planning for differentiation?

DfE answers: Thanks and I’m sorry not to be able to give you a more constructive answer, but we don’t have any information on styles of teaching as we believe that is up to schools and teachers themselves. However there are books, research and websites available, for instance:
http:www.teachingexpertise.comarticlesdifferentiation-some-practical-suggestions-2368
and also http:www.pearsonpublishing.co.ukeducationsamplesS_494342.pdf

Recruitment questions

Q. We are an LA community secondary school and we are getting conflicting advice from our LA HR department and our independent HR services provider, and both of them seem to be giving us advice that is different from the DFE guidance regarding recruiting and appointing teachers. The issues are:

(1) In what circumstances can we ask about a candidate’s prior health record? and

(2) Can we ask a candidate’s age or date of birth?

As far as health questions are concerned we have read paragraphs 8.5 - 8.7 of the DFE guidance on the Equality Act 2010 (December 2011) and noted that it says “There are potential implications in relation to establishing teachers’ fitness and ability to teach (as required by the Health Standards (England) Regulations 2003). Schools are advised to review their existing practices to ensure they are complying with both the Health Standards Regulations and Section 60 of the Equality Act” but it isn’t clear how we are supposed to meet both the Regulations and the Equality Act when they potentially conflict. It’s one thing to say that we “should ensure that any health-related questions [that we ask after making a job offer] are targeted, necessary and relevant to the job applied for” but what does that mean? The DFE guidance does not help us It seems to us that it is relevant to any job in teaching if someone has a history of stress related sickness because all teaching is stressful. Our HR people say not possible to ask that. What do DFE think about that question in principle (if asked after a job offer is made but before confirming the job)?

On the second question our LA says asking someone’s age on an application form is prohibited but current DFE guidance in “Safeguarding Children and Safer Recruitment in Education 2007” para 3.23 says we should ask for date of birth on the application form with the additional DFE advice that “To ask for date of birth is not discriminatory. This information is required to ensure correct identification of the candidate”. Who is right, DFE or our LA? In our Safer Recruitment training we were told we should ask for date of birth to identify any unexplained gaps in the applicant’s employment history which could then be explored at interview.

DfE answers: On the first point, employers must comply with both the health standards regulations and the Equality Act - in doing so they are permitted to ask health questions, provided they are asked to establish that the applicant can carry out an intrinsic function of the work for the post they have applied for (taking into account the requirements to make reasonable adjustments for disabled persons). If during this process, employers are unsure whether a person has the fitness required to undertake intrinsic functions of the job (with reasonable adjustments), they can seek advice from occupational health services and ask further questions about the applicant’s health.

On the second question, we would say that employers should use an application form to obtain a common set of core data from all applicants. Safeguarding Children and Safer Recruitment in Education paragraph 3.23 sets out the information the application form should obtain. This information, which includes date of birth, is required when undertaking proof of identity checks. Here’s the link to the document: https:www.education.gov.ukpublicationsstandardpublicationDetailPage1DFES-04217-2006

Pupil records

Q. When we were an LA school we had to provide a copy of a pupil’s educational records to parents whenever they asked for them, which we were required to under the The Education (Pupil Information) (England) Regulations 2000. Those regulations only apply to LA maintained schools though. What is the position now we have converted to an Academy? Are we still obliged to provide the records if a parent asks for them? I can’t see anything in our Articles of Association that deals with this issue.

DfE answers: in accordance with the Education (Independent School Standards) (England) Regulations 2010, schools must send to the parents of each registered pupil an annual written report of the pupil’s progress and attainment in the main subject areas taught, except that no report need be sent to a parent who has agreed otherwise with the school. These regulations apply to all independent schools, including Academies.

Polling Station status

Q. When we were a maintained school the local council regularly used our school as a Polling Station for General and Local Elections, and we understood that the local authority had the right to do this under election law and it didn’t need our consent.

We are now a standalone converter Academy. Is the situation different? Do we still have to allow our premises to used as a Polling Station, without charge, if the council wants it?

Is that the same for Free Schools?

DfE answers: There is legisltation that states that mainstream schools and now academies and Free School are `liable for use by the RO of the LA’ - this essentially means that the LA can use a FS academy as a Polling Station. I guess the logistics otherwise would mean that the LA would struggle to find suitable accessible places for voting.

Encouraging reading for pleasure

Q. How can we encourage young children to read for enjoyment if they do not see their parents read from a young age? Can this affect their reading literacy

DfE answers: It’s very important that children areinfluenced by seeing parents reading, valuing books and taking time to read with their children. Research shows that parental interest in their child’s education has four times more influence on attainment by age 16 than socio-economic background.

A new early years curriculum for 0-5-year-olds will be introduced this year which focuses on three prime areas of learning that are critical to making sure children develop healthily and happily. It will form the foundations on which children can master the basic skills at school as well as the resilience, confidence and personal skills to be able to learn. It will also give professionals more freedom in how they work with children, and involve parents more in their child’s learning

Independent reviews conducted by Graham Allen, Frank Field and Dame Clare Tickell have all highlighted just how important pregnancy and the first five years of a child’s life are in providing children with the foundations they need to thrive and succeed in life. Evidence suggests there are five critical factors in the foundation years:

• Children’s health in early life
• Good maternal mental health
• Quality of parenting and parent-child relationships
• Learning activities
• High-quality early education

• Here’s what we’ve done (and are doing) to support parents

  More information directly aimed at parents

  Assessing Pupils’ Progress (APP)

  Q. Dear DfE, as a primary school teacher I am interested to know what guidance you wish us to follow in terms of covering the main objectives for Literacy and Maths? I have been led to believe that we are not supposed to use the primary framework objectives as it does not reflect the current government policy. What instead would you like us to use?

  Also what are your expectations in terms of assessment? The last government allowed the use of APP, a detailed, ongoing assessment for each individual child, which worked well and many schools were starting to use these to assess instead of tests. Now however, we are expected to complete APP (which is very time consuming) and make the children complete tests (which are years old and do not give a fair representation). This time spent testing the children and APP takes time away from planning and teaching a rich and exciting curriculum.

  I’m not sure if there is breakdown of communication between the DfE, LEAs, Head teachers and Teachers but many teachers do not understand what is expected in relation to the issues highlighted. I am of course very familiar with the National Curriculum and of course it is used as guidance however the general opinion of many of my collegues is that it is not detailed enough for literacy and maths and there are some areas that are not covered. what other guidance do you expect teachers to use?

  DfE answers: The Government recognises the burden that some schools face in using APP, and acknowledged this in the schools White Paper `The Importance of Teaching’. It believes that teachers like you need to be free of unnecessary paperwork so that they can spend their time teaching and supporting their pupils.

  Skilled and precise assessment of pupils’ work and tracking of their progress is an essential part of good teaching; but the Government does not believe that it should be prescriptive about what methods schools should use. Instead teachers should be free to use their professional judgements to help their pupils to progress.

  As you know, at Key Stage 1 schools use national tasks and tests in reading, writing and maths, alongside their observation of children’s work throughout the year, to reach an overall judgement on the level the child has reached in each subject. The tasks and tests can be administered at any time during the school year, are not time-limited, and are incorporated into normal classroom procedures as far as possible.

  APP has always been a voluntary method of assessment. If schools feel that it is too burdensome or does not benefit their pupils, then they are free to stop using it. Equally, schools have the freedom to use APP if they wish and in any way they see fit.

  I hope that this offers you some reassurance and I would suggest, if you have not already done so, that you raise your concerns with your head teacher. I hope that you are able to resolve your situation soon.

  Finally, I am sorry to hear your concerns about the current National Curriculum. You may be aware that the National Curriculum is currently being reviewed; you can read the report by the Expert Panel leading on this work.
  

  Improving Teacher Performance

  Q. Dear DfE: I see that under DfE proposals maintained schools will be required to provide, if requested, details of any capability procedure which a teacher has undergone in the last two years when that teacher has applied for a new job at another school. This seems like an excellent idea - it’s what would happen in most other organisations; as you say in the Consultation the DfE objective is “to prevent the recycling of poor teachers from school to school”.
  
  However, I see that Academies and Free Schools are not being included in this change to the Regulations. Will a similar obligation be imposed on Academies and Free Schools some other way? Otherwise there would seem to be nothing to stop Academies “recycling poor teachers” from one Academy to another Academy, which, as most schools will soon be Academies, would seem to undermine the DfE objective.
  

  DfE answers: No - because we believe that independent schools, academies and Free Schools are best placed to make decisions about staffing for themselves. As you say the changes will give maintained schools much more flexibility to design their own arrangements.

  Homework guidance

  Q: Dear DfE: I am just a parent with two daughters in primary school. Their state primary school has been very lax about homework - really only focusing on reading and that obviously is pot luck in terms of whether parents regularly assist (YR - Y2) initially insisting moving on to insisting (Y3 - Y6) this is done at home.
  
  The parental guidance from the government on homework is also rather vague:
  http:www.direct.gov.ukenParentsSchoolslearninganddevelopmentSchoolLifeDG_179508
  
  Our school homework has a number of shortcomings. I realise that part of this problem is that teachers (and some unions) are opposed to homework - often arguing that children from more chaotic homes fall behind without parental support. But that leaves children where parental support is there with parents increasingly becoming more and more frustrated with provision of education in the state sector. I know this is probably not helpful - but is the solution homework clubs (at lunch, before or after school, during PE or video watching time (school often shows Disney videos) etc.) for those who obviously are struggling and then everyone else can get on?
  
  DfE answers: Individual schools’ homework policies are a matter for the school and we don’t prescribe amount of homework or how it should be marked. However the DfE is supportive of homework and believes that it can help children enjoy school, achieve and reach their potential.
  
  Michael Gove recently told this story in a speech to the Cambridge Union:
  In Burlington Danes, an Academy run by the charity ARK in White City, academic excellence is recognised with a rank order system for every pupil in every year, allocating a place to every child in every term based on their performance subject by subject. So at half term the children are examined, given their scores from 1 to 120. That’s kept private. Then they have the opportunity in the remaining half term to improve their scores and at the end of it every student in every year is ranked, in every subject and for effort, and also artistic and sporting achievement. When I encountered this the first time I thought - that’s a bit hard core, must be unpopular with some of the parents and some of the students. But actually I was told that this had been the single most popular change that had been initiated. The children were now so anxious to do well in this competitive process, which rewards the acquisition of knowledge, that they petition the head to have them transferred out of classes where teachers are weak into those where teaching is strong. They know when they are being fed material which is thin gruel intellectually and they demand better. They ask for more homework and additional reading. They thirst to know.

  Access to Early YearsInfantPrimary teaching

  Q: Can you tell me if there is a way of getting into these areas of teaching other than doing supply work? I have QTS and been teaching in Secondary for 13 years. Ideally, I would train whilst working in a school, but I don’t think these opportunities arise. All the jobs advertised require teachers to have planned, taught and assessed students, which obviously is impossible doing supply alone. I have been told that there is no training course available for me (TDA), as the usual route is through PGCE and I have already completed this for secondary teaching.

  DfE answers: There’s no obvious training course that I can find unfortunately. I would have a look at http:www.tda.gov.ukHomeget-into-teachingfaqsteaching-information-line.aspx and give the TDA’s teaching helpline a call, they would be best placed to advise you.

  Teacher sabbaticals

  Do you have any informationlinks on sabbaticals for teachers?
  
  DfE answers: Hello Wendy, this isn’t something that we have any guidance on or jurisdiction over as it’s a matter for the school and Local Authority. However you might be interested in this article published in the TES which offers advice on persuading your school that a sabbatical is a good idea.

  National Curriculum delayed?

  Q: Can you confirm the news in the Telegraph that the publication of the National Curriculum has been delayed, with implementation due to be delayed by 12 months?

  DfE answers: Yes, the changes to the National Curriculum will now be instigated from September 2014, the review’s timetable has been revised to allow for wider debate about the issues raised in reports from NFER, the Expert Panel Report, the International Evidence Report and the report from the Call for Evidence).

  
  Free school query

  Q: Can you confirm that in the case of Breckland Free School it is the case that a company will be allowed to make a profit from running the school?

  DfE answers: Free schools founders do not and can not make a profit.

  State schools and their local authorities have always been able to use companies to help them run services in schools - from human resources, to ordering stationery, to school catering and providing educational advice.

  In this case, the free school’s charitable trust has decided that it wants to draw on the expertise of an established education company, with a proven track record of running good schools.

  This is not the same as the free school proposers making a profit themselves. The charitable trust will manage the contract and hold the contractor to account, and will be fully responsible and in control over what happens in the school.

  We will closely monitor the progress of this proposal, to ensure that taxpayers receive value for money and that standards are not compromised in any way.