The Children’s Wellbeing and Schools Bill update

The Children’s Wellbeing and Schools Bill has just received its second reading in the House, and has been subject to some extensive criticism, with The Times describing it as a “return to a statist agenda” allowing “the tentacles of local councils [to be] wrapped tightly around new schools while existing academies will be thwarted”. This is an emotive way of describing the legislation but there are certainly a number of changes within the new legislation that will bring Academies and Free Schools more into line with traditional Local Authority Maintained Schools, and will have the effect of reducing a number of the operational and academic freedoms which were vaunted by the Blair Government when Academies were initially brought in, in 2005.

Detailed provisions within the new legislation include:

• A duty on Councils to offer all parents whose children are at risk of entering care the potential to attend family group decision-making.
• Every Local Authority will have a duty to establish a Multi-Agency Child Protection Unit (this seems likely to cause some resourcing concerns).
• As has been the case in Scotland for some years, all children will have a single unique “identifier” making it easier to trace individual children.
• A list on the number of “branded items” schools can require as part of its uniform.
• The role of virtual School Heads will be enhanced.
• Requirement for all State Primary Schools to run Breakfast Clubs.
• Following concerns over the cost of placing children in care with private providers, there are new powers for OFSTED to inspect provider groups and Unregistered Schools.
• There will be a new power to issue civil penalties against providers of unregistered settings. This is a difficult issue given that a number of Local Authorities have placed teenagers in unregistered establishments because of a lack of accredited care places.
• Academies – the current situation where schools are forced to convert to Academies when they are performing poorly has been removed. They will have a duty to work with Local Authorities on placed planning and admission arrangements.
• Local Authorities will have a broader power to open any type of school needed locally (new schools have recently been required to open as Academies only in England).
• Controversially, there will be a requirement for Academies to be brought within the remit of The School Teachers’ Review Body – ie they will have to follow National Pay and Conditions, rather than being able to negotiate their own terms and conditions.
• Teachers at Academies will be required to have or be working towards Qualified Teacher Status.
• All Academies will be required to teach the National Curriculum in accordance with the requirements for Maintained Schools following the Curriculum and Assessment Review – which is in itself proving quite controversial.
• Broadening of the Teacher Misconduct Regime.
• Local Authorities will be given extended powers to direct an Academy to admit a child which previously has not been the case.
• The Secretary of State will be given the power to direct an Academy to comply with such directions “as the Secretary of State considers appropriate”.

The above are the highlights of what is a lengthy piece of legislation, which unfortunately seems to have gleaned more publicity because of the proposed amendment to hold a new public inquiry into “grooming gangs” prompted by Elon Musk, which is perhaps unfortunate, given the substantive changes to education and regulation which will affect both Local Authorities and Academy Bodies substantially.