In case you missed it: education updates
In this article, partner Jill Donabie recaps legal updates of note in 2023.
Tackling teacher workload
The Department for Education (DfE) has announced that work is underway to support teachers and leaders in the sector to tackle unnecessary workloads.
A specialist task force of unions, teachers and sector leaders has been put together to support the government’s wider ambition of reducing working hours by 5 hours per week within 3 years.
Read the full announcement here.
UK Information Commissioner urges organisations to share information to safeguard children and young people
The UK Information Commissioner’s Office (ICO) has issued a message to organisations urging them to feel free to share information that is required to prevent serious harm to children and young people.
Poor information-sharing among organisations has been identified as one of the contributing factors for failures to protect children. As such, the ICO has issued ten-step guidance on sharing information to safeguard children. Find the guidance here.
Equality and Human Rights Commission technical guidance for schools
All schools have legal obligations under the Equality Act 2010 not to discriminate against, harass or victimise pupils in relation to any protected characteristics they may have.
The Equality and Human Rights Commission updated its technical guidance, which outlines the obligations schools have under the Equality Act.
In particular, the updated technical guidance seeks to address developments in policy and law in relation to the protected characteristics of sex and gender reassignment.
You can find the technical guidance here.
Artificial intelligence in education
Back in June, DfE opened a consultation asking for calls for evidence of generative artificial intelligence. The results of the consultation have now been published here.
Overall, it appears that the opportunities offered by AI in the education sector are being embraced. Some respondents explained that they were already using AI tools to streamline administrative tasks, create subject-specific resources and provide personalised support for SEND learners.
In October, it was announced that £2 million would be invested in Oak National Academy to create new teaching schools developed from AI. It has also been announced that £200 million will be invested in 55 education investment areas to improve Wi-Fi connectivity in schools and enable all schools to have high-speed connection by 2025.
The consultation did of course, raise concerns with how AI is managed in the sector. In March, the government published its policy paper on regulating AI for the first time. Respondents flagged difficulties in handling harmful content, intellectual property and accuracy of information.
Consultation: Minimum Service Levels in Education
The Strikes (Minimum Service Levels) Act 2023 inserted section 234B into the Trade Union and Labour Relations (Consolidation) Act 1992, allowing the Secretary of State to set minimum services levels (MSLs) for strikes in "relevant services" which include education.
On 28 November 2023, the government launched a consultation on implementing MSLs in education during strikes. The consultation closes at 11.59 pm on 30 January 2024.
The consultation can be found here.
Key documents updated
As a reminder, at the beginning of the new term, updated versions of the DfE’s key documents for schools and academies came into effect. These include Keeping Children Safe in Education 2023, School Suspensions and Permanent Exclusions Guidance and the Academy Trust Handbook 2023.
Schools should ensure they are familiar with the changes made to the latest versions of these documents and they are comfortable that they are complying with the requirements and expectations they set out.
You can find the updated documents here:
School suspensions and exclusions
Please contact Jill Donabie on 0191 211 78 99 or email [email protected] or anyone from our Education team for help or advice in this area.