In case you missed it: Education Updates
In this article, partner Tony McPhillips recaps 7 legal updates of note since January 2023.
The updates cover:
- DfE has updated its lists of Educational Investment Areas and Priority Education Investment Areas
- Government has announced £2.5 billion of funding for schools and colleges
- Trust establishment and growth funding
- Generative artificial intelligence in education
- Statutory Code of Practice on Dismissal and Re-engagement
- DfE consultation on use of reasonable force and restrictive practices in schools
- Office for Students proposal to tackle harassment and sexual misconduct in higher education
DfE has updated its lists of Education Investment Areas and Priority Education Investment Areas
In February 2022, the Government published the Levelling Up the United Kingdom white paper. The white paper introduced 55 Education Investment Areas (EIAs) where educational outcomes were the weakest based on sustained low performance indicators.
24 of these EIAs were identified as Priority Education Investment Areas (PEIAs) which grant access to additional pools of resources, funding and support.
On 28 March 2023, the lists were updated. You can find out if your area qualifies as an EIA or PEIA here
Government has announced £2.5 billion of funding for schools and colleges
The Government has announced that £2.5 billion will be delivered to schools and colleges to upgrade classrooms, refurbish building and provide high quality learning environments.
The intention is for thousands more primary and secondary school places to be created in existing good or outstanding schools by September 2026.
£1.8 billion has been dedicated to the 2023-24 financial year to improve the condition of the school estate across England. A further £487 million will be provided to local councils to provide additional school places by September 2026. Additionally, the Further Education Capital Transformation Programme will enter its final phase, benefitting 146 colleges from the £1.5 billion upgrade programme.
Trust Establishment and Growth Funding
Trusts, schools, dioceses and organisations looking to set up a MAT can apply Trust Establishment and Growth (TEG) Funding.
Applications are open between 3 April 2023 and 30 September 2024.
If your TEG project develops into a growth project and is approved by the regional director, then additional applications can be made to access the Trust Capacity Fund.
All applicants should contact their regional director’s office to discuss the proposal.
Generative artificial intelligence in education
The DfE has published a policy paper regarding the use of generative artificial intelligence in the education sector.
Generative artificial intelligence is technology that can be used to create new content based on volumes of data that models have been trained on. There have been recent advances in development of the technology and public access is accelerating.
While Generative AI has great benefits for the sector, including reducing workloads, those in the sector are reminded to take reasonable steps where applicable to prevent malpractice, including in using Generative AI and other emerging technologies.
In particular, the sector must protect its data, resources, staff and pupils. As part of this obligation, personal and sensitive data must be protected and not be entered into Generative AI tools, cyber.
security must be strengthened and students must be educated and protected from the potential risks of Generative AI.
You can find the full policy paper here.
Statutory Code of Practice on Dismissal and Re-engagement
The government has published a consultation on a draft Statutory Code of Practice on Dismissal and Re-engagement (the Code).
The Code sets out a step-by-step process that an employer should follow to explore alternatives to dismissal and to engage in meaningful consultation with trade unions, employee representatives or directly with the affected employees to find an agreed solution.
It makes clear that employers should not use threats of dismissal as a negotiating tactic and this should be a last resort.
It also states that, once it is clear to an employer that employees will not accept proposed new terms without negotiation, it should re-examine its business strategy and plans in light of the potentially serious consequences for employees.
The Code will not impose any legal obligations on employers but employment tribunals will be required to take it into account when considering relevant cases.
Tribunals will have the power to increase an employee’s compensation by up to 25% if an employer has unreasonably failed to comply with Code.
Read the consultation here.
The consultation closes on 18 April 2023. The finalised Code will be brought into force when Parliamentary time allows.
DfE consultation on use of reasonable force and restrictive practices in schools
On 16 February 2023, the Department for Education published a consultation on the use of reasonable force and restrictive practices in schools.
The call for evidence focuses on understanding more about the use of reasonable force, physical restraint and restrictive practices in schools.
It will inform revisions to existing guidance and is intended to ensure all schools are calm, safe and supportive environments, where the workforce and pupils can work in safety and are respected.
Read the consultation here.
Consultation closes on 11 May 2023.
Office for Students proposal to tackle harassment and sexual misconduct in higher education
On 23 February 2023, the Office for Students (OfS), an independent public body that reports to Parliament through the Department for Education, launched a consultation on approaches to regulating harassment and sexual misconduct in HE. The consultation proposes a new condition of registration for universities and colleges in relation to harassment and sexual misconduct.
Read the consultation here.
The deadline to respond to the consultation is 4 May 2023.
For more information on any of the above or for specific advice, please contact Tony McPhillips directly using [email protected] or 0191 211 7908.