News and guidance

ASCL Director of Policy Julie McCulloch shines a spotlight on the new climate at the Department for Education.

Within hours, it seemed, of Michael Gove becoming Education Secretary in May 2010, maintenance staff were up ladders at what had been the Department for Children, Schools and Families, taking down the rainbows (remember them?) and replacing them with the Conservative government’s no-nonsense blue DfE branding.

While new Secretary of State for Education Bridget Phillipson’s tenure has, so far at least, involved less interior decorating, the changes at the DfE under the new Labour government are no less seismic. Exactly seven days after the General Election, the Secretary of State held an evening reception for a wide range of stakeholders – school and college leaders, unions, charities, and others – to welcome us to her department and share her desire to work more closely with the profession and their representatives. This was followed, at the beginning of September, by a two-hour meeting with education union general secretaries and other senior staff, chaired by the Secretary of State, exploring how the government and unions might work together to co-construct policy.

It’s hard to overstate how different this all feels from the last few years. This is not a party-political statement; ASCL remains proudly politically neutral. Nor is it necessarily an indication of plain sailing ahead; there will no doubt be difficult territory to navigate as we move from broad government intentions into the nitty-gritty of detailed policy design. Nor does it mean the money needed to solve the many challenges schools and colleges are struggling with will be forthcoming; the government has been clear about the financial difficulties the country is facing. Nor will the decisions the new government is planning be received positively by all sectors; we know that many ASCL members in the independent sector are deeply concerned about the possible impact of the imminent VAT levy on fees.

Nevertheless, the change in mood and approach is palpable. What that means on the ground will take time to become clear. But, as General Secretary Pepe Di’Iasio has mentioned in his article over the page, we’re already starting to see some tangible shifts, in recent announcements on pay, on inspection, on curriculum and assessment. I’ll flesh some of these out in a little more detail here, and we’ll no doubt be talking much more about all of these areas in the coming months.

So long single-phrase judgements, hello report cards

After years of campaigning for a better, fairer approach to how schools are held to account, we were delighted that the DfE and Ofsted have moved so quickly, following the election and the response to the Big Listen, to consign single-word judgements to history (for schools, at least).

Their long-term replacement – the promised school report cards – won’t happen immediately, with their implementation proposed for September 2025. The interim approach – the retention of sub-judgements and a more nuanced approach to intervention – is a sensible way to immediately get rid of the biggest problem while giving the government and inspectorate time to develop the longer-term solution.

Whether twelve months is long enough to properly consult on, develop, and implement a report card-based approach remains to be seen, but the direction of travel is hugely welcome. You can read ASCL’s view on what report cards might look like, and how they might be used, here: www.ascl.org.uk/AccountabilityModel

Curriculum and assessment review

Another well-trailed Labour intention, a review of curriculum and assessment, was formally announced over the summer (tinyurl.com/4nujh464), with members of the review panel confirmed as the new school year got underway (tinyurl.com/ycyz9m78).

Professor Becky Francis, the chair of the review, has set out in this TES article (tinyurl.com/3838xukm) what the review will (and importantly, won’t) do. We’re pleased to see the focus on evolution not revolution, on the importance of drawing on sound evidence, and on the need to minimise the impact on workload.

ASCL expects to be closely involved with the review, including responding, on members’ behalf, to a call for evidence to be launched later this term. At the end of last year, we submitted a ‘proactive submission’ to the Labour education team, setting out our views on what the review should focus on (see www.ascl.org.uk/LabourCurriculumAssessment). We’re pleased to see much of this reflected in its terms of reference.

Trade union legislation

The very different approach that a Labour government will take to trade unions is evident in its ‘new deal for working people’ (tinyurl.com/35udmfju) – a wide-ranging set of employment-focused proposals, which it will be important for school and college leaders, as well as their employer groups, to be aware of. The plans include making changes to the Trade Union Act 2016 to abolish some rules on industrial action; ensuring all new starters are informed of their right to join a trade union; making the process of statutory recognition for trade unions simpler; and creating a new right for workers to access a union within workplaces.

The next few months

So what can we expect over the next few months? As well as the focus on curriculum, assessment, and inspection, we also anticipate further developments around recruitment, retention, and special educational needs and disabilities (SEND), as the new government gets to grips with the huge challenges they’ve inherited in these crucial areas.

There are unlikely to be any rabbits pulled out of hats, for education at least, at the Labour Party Conference at the end of September, with all eyes then turning to the Budget on 30 October. We have made a detailed pre-Budget submission to the Treasury, setting out members’ priorities for government spending, including on child poverty, SEND, and the school and college estate (see www.ascl.org.uk/AutumnBudget2024).

There’s also some unfinished business from the previous administration on which we’re seeking clarity, such as whether recent consultations on relationships, sex and health education (RSHE) and gender-questioning pupils will be progressed. We’ll share more information with members on that as soon as we can.

The rainbows may not be back at the DfE, but it certainly feels like the climate has changed.

ASCL has been quoted widely in the media over the recent period on a range of issues.

July’s General Election brought with it a renewed focus on education policy, with journalists casting a critical eye over the new government’s plans. ASCL’s views have been sought on topics such as the curriculum and assessment review (tinyurl.com/4vpujthw), use of artificial intelligence (AI) (tinyurl.com/4xvrdd8m), behaviour policy (tinyurl.com/bdd8fxkv) and the levying of VAT on independent schools (tinyurl.com/ywc22p89). August results days always generate significant media attention and one of this year’s discussion points was the compulsory resit policy for pupils not achieving a Grade 4 in GCSE English and maths. Tom Middlehurst, ASCL’s Curriculum, Assessment and Inspection Specialist, tackled some common grade boundary misconceptions ahead of GCSE results day in an article for TES (tinyurl.com/z463umbj). General Secretary Pepe Di’Iasio followed this up by calling for the resit policy to be scrapped (tinyurl.com/2kvb24sv). Both Tom and Pepe were kept busy during both results days with interviews for BBC Radio 5 Live, BBC Radio 4, Sky News and LBC News.

The start of the new term signalled one year since the full scale of the reinforced autoclaved aerated concrete (RAAC) crisis began to emerge. ASCL’s calls for schools to be adequately supported, as the true cost of RAAC emerges over the coming years, formed part of the BBC’s analysis (tinyurl.com/yx8st2ya) of the financial challenges RAAC schools continue to face.

ASCL is proud to represent school and college leaders from across the UK – to find out more, visit www.ascl.org.uk/uk

The return of Stormont has, perhaps somewhat surprisingly, brought with it a degree of stability and a platform for education to move forward in Northern Ireland. The pay deal and workload agreement unlocked the stalemate of industrial action, which in turn has meant a transition to normal working practices in schools and the possibility for the Education and Training Inspectorate (ETI) to implement its new inspection framework. As in England – no single-word judgements and a more collaborative approach with the school.

The Independent Review of Education identifies key areas where real change is required to make a difference, and work is afoot to start to address these – special educational needs (SEN) and statutory assessment for example. There is much more of course, and the report really must be implemented in full, but there are small encouragements to be taken.

This year, the theme at our Annual Conference is ‘Leading Together’, and this is borne out of the need we see for greater, meaningful collaboration across the sector. As highlighted above, there is much work to be done and as your professional association and trade union, we want to encourage a more joined up approach to make things happen.

How many of you have been invited to join a practitioner group by the Department of Education and then asked to contribute in a similar way by the Education Authority? Two groups, where one collaborative forum would have been much more effective and efficient. We want to encourage organisations and people to talk to one another, to understand different perspectives and to move forward together. That includes working with the other teaching unions and encouraging you to get more involved in the work of ASCL Northern Ireland.

Let me encourage you to reach out, to get involved and to engage as we embrace a rare opportunity to move things forward.

I am the new Director of ASCL Cymru. Before taking on my role at ASCL, I was headteacher of Rhyl High School. No one ever really prepares you for school leadership. I remember many a meeting that started with, “Well this was never on the NPQH.” It is a hugely difficult and occasionally impossible job, but it is also a job we adore.

Our last ASCL Cymru director, Eithne Hughes, is a remarkable woman who has represented us so well in Wales and across the UK. Eithne has made ASCL Cymru a voice to be listened to and courted. She has shown our strength to challenge but also the integrity to co-construct. The legacy Eithne has left is huge and we are all profoundly grateful to her.

It is the people who work in associations such as ASCL who make the difference. The leaders who had walked a day in our shoes and whose opinion we respect. They understand what we do and why we do it. They provided the most effective challenge, the most accurate evaluations and the support and friendship every school leader needs. To me they made the difference. They helped me be the best version of myself. I found these people through ASCL Cymru.

ASCL Cymru is about speaking for our members, and I will never forget how vitally important this is. I look forward to listening to you, our members, sharing your opinion, and ensuring that our values are maintained within the policy decisions of the Welsh government. However, ASCL Cymru is about more than this and that is what makes it so special. It is about acting on behalf of children, the reason we join education, the reason we work so hard and give so much of ourselves. We are their voice, and I will make sure they are heard loud and clear.

There has been significant political change since the last Leader magazine. A new UK government and a new Scottish government, now led by former education secretary, John Swinney.

Changes in Westminster are impacting Holyrood, particularly financially, and influences from south of the border, such as pay claims and the removal of single headline grades from school inspections, could shape developments in Scotland. We're currently negotiating our pay claim, and the new Education (Scotland) Bill, which is about to go through the Scottish Parliament, includes setting up an independent inspectorate.

We are pressing for similar gradings on different quality indicators in His Majesty's Inspectorate of Education (HMIE) reports to be removed and replaced by a narrative of improvement for each inspection. This would detail where a school is now at, how it got there and where it needs to go next as part of a journey of improvement.

We believe the Chief Inspector should have the power to instruct a local authority or governing body to set up a ‘team around the school’ to ensure there is appropriate support available to help a school improve. Not all local authorities or governing bodies can adequately assist schools post-inspection due to resource limitations, thus help from outside may be required.

Rising additional support needs (ASN) pupil numbers, forecast years ago and worsened by Covid, remain a concern for our School Leaders Scotland (SLS) members. Violent incidents in schools have surged since the pandemic, and while the Cabinet Secretary's advice on relationships was welcomed, no extra resources were provided.

The Cabinet Secretary’s paper on mobile phone policies was also welcomed, allowing heads to decide the policy in their school.

Other educational reform is still in the pipeline and by the time you read this, we may even have a response from the Scottish government on the Hayward proposals for Assessment and Qualifications Reform.

Continue to be part of our great community when you retire from a school or college leadership role with ASCL Associate membership. On retiring from school or college leadership roles, many ASCL members transfer their membership to ASCL Associates. ASCL Associate membership offers the perfect way to remain connected to and informed about education leadership. It also provides new opportunities to build your community and to get involved in supporting serving school and college leaders.

ASCL Associate membership means that you can continue to receive ASCL publications such as our online Leader magazine and email news updates and have access to website resources. Plus, you’ll find that Associate membership comes with additional benefits and new opportunities through the exclusive magazine Associates News, social activities, the ASCL Associates Committee, volunteering, and chairing our popular planning for retirement events.

• Find out more at www.ascl.org.uk/associates

The ASCL Benevolent Fund (ABF) is an important element in the association’s policy of providing protection and care for all members, past and present, and their dependants.

While most members, active and in post, are unlikely to need help, a serious accident, redundancy, chronic illness or disability can change the situation quite traumatically. Whether it is a short-term financial crisis or a long-term problem, the fund stands ready to help. If you know someone who may benefit from the fund or if you think you would benefit yourself, please call 0116 299 1122 or find out more at www.ascl.org.uk/benevolentfund

The DfE has updated its guidance on school attendance and registration (tinyurl.com/2c4wn2cj), making it statutory for all schools and academies in England since August 2024. It sets out legal requirements for schools and academies in relation to attendance and registration.

One of the key changes is the requirement for schools to record attendance electronically at the start of both morning and afternoon sessions (using the updated national attendance codes from the regulations: tinyurl.com/yc65rhnw). This will provide a more accurate picture of pupils' attendance and help identify any patterns of absence. The guidance also emphasises the importance of early intervention in cases of poor attendance and sets out strategies that schools can use to improve attendance rates. These include working with parents and carers to identify and address any barriers to attendance, providing support for pupils who are struggling with attendance, and using legal measures where necessary to enforce attendance, including increased penalty notices under the new national framework.

The updated guidance also increases the link and interaction with local authority duties, providing returns, how they will be sharing data, dealing with cross-border pupils, and looking at duties around pupils who are absent for medical reasons. Schools are expected to have a senior attendance champion who will have overall responsibility for the improvement of attendance and implementation of the policy and processes.

The changes represent a significant shift in the way that schools approach attendance and registration, with a greater emphasis on early intervention and collaboration between schools, parents, and other agencies.

ASCL is committed to supporting and promoting equality, diversity and inclusion (EDI) among school, college and trust leaders, and in our own organisation. Our Leaders’ Networks, focused on ethnic diversity, lesbian, gay, bisexual, and transgender plus (LGBT+) and women leaders, offer a safe space for members in these groups to support and empower one another, and to raise awareness of issues particularly affecting these groups. Please visit their individual pages via the links below to find out more:

• ASCL Ethnic Diversity Network (www.ascl.org.uk/EDNetwork)
• ASCL LGBT+ Leaders’ Network (www.ascl.org.uk/LGBTLeaders)
• ASCL Women Leaders’ Network (www.ascl.org.uk/womenleaders)

To join any of our leaders’ networks and for an invitation to the next meeting, please email CorporateAdmin@ascl.org.uk indicating the network/s you would like to join.

According to ASCL premier partner Browne Jacobson’s latest School Leaders’ Survey (tinyurl.com/ykvbpxn2), more than half of respondents strongly agreed that there was a real burden being caused by parents submitting complaints to multiple agencies, such as local authorities, MPs, Ofsted, and the DfE, while the internal school complaints procedure is ongoing. The Teaching Regulation Authority (TRA) can now be added to the list of recipients in this scattergun approach. New data from the TRA (tinyurl.com/nd96cj7d) shows that the number of teacher misconduct referrals has more than doubled in the past two years. The increase in referrals in 2023/24 has been largely driven by an increase in the number of referrals made by members of the public. This places additional burdens on schools as they may be dealing with multiple agencies simultaneously.

In the absence of clearer guidance from the DfE on how and where complaints should be submitted to avoid duplication, schools can play their part by signposting parents to appropriate stages of the internal complaints process and explaining the limitations of third-party agencies to intervene in parental complaints. Schools also need to ensure they are clear on the remit of third-party agencies and be ready to offer a commensurate response or, in some cases, appropriate challenge when a third-party agency is stepping outside the scope of its regulatory powers.

A maths teacher, Mr Sutcliffe, was banned from teaching by the Teaching Regulation Agency (TRA) for unacceptable conduct. He deliberately used female pronouns to refer to a transgender male in a classroom, referred to the pupil with female pronouns on national television (the fact that the pupil was transgender had not been known to other pupils until this point), and told pupils that homosexuality was a sin. Mr Sutcliffe believed that the ban infringed upon his human rights and appealed to the High Court, citing an unjustified interference with his right to freedom of speech and religion. Mr Sutcliffe believed he had been targeted for his Christian views.

The appeal was dismissed, the court found that a teacher’s right to believe that no-one can self-identify as a different gender and that homosexuality is a sin against God is protected by law, but that did not justify Mr Sutcliffe’s behaviour, which had no regard for the pupil and the significant distress he caused, or for the gay and lesbian children in his class who he made feel that their teacher regarded them as worthless. This decision highlights that although teachers may hold beliefs, they cannot manifest them in a manner that may be considered harmful to pupils. If educational institutions have concerns about teachers’ personal and political views, appropriate referrals to the TRA should be made.

The recent UK riots have had a profound impact on communities across the country, and schools and colleges need to take important steps to address the needs of their students and staff. To create a safe and supportive environment, schools and colleges should be proactive in communicating with students, parents, and staff about their commitment to providing a safe and inclusive learning environment for everyone. This includes addressing recent events, confirming the school's or college’s policies in relation to behaviour and safeguarding, and reporting any concerns or incidents to staff in the usual way.

They should also be prepared to respond appropriately to safeguarding and other pastoral issues, such as the wellbeing of students, attendance, and e-safety. This may involve referring incidents to the local authority and/or the police, communicating with families and/or students concerned, and reviewing filtering and monitoring systems for online safety.

It is important for staff to be briefed and ready to respond appropriately to any issues that may arise, and for schools and colleges to provide support and resources to help students and staff cope with the impact of recent events.

The protests and riots have also raised concerns among school and college staff about how to manage strongly divided opinions in the classroom, particularly where students are influenced at home by parents who took part, or who took part themselves. To address these concerns, school and college leaders should create an inclusive and supportive workplace culture that acknowledges the impact of these events on staff members. Policies and procedures should be reviewed to ensure they are up to date and staff are aware of relevant support resources, such as counselling services and mental health support.

It is important to reiterate standards of acceptable behaviour and remind staff of clear processes for dealing with complaints of discrimination and harassment. School and college leaders should also review their diversity and inclusion strategy to identify any training needs and encourage an inclusive workforce.

By providing training and resources, reviewing policies and procedures, actively seeking diverse candidates, and having a clear process for dealing with complaints, leaders can continue to provide a workplace that promotes diversity and inclusion and tackles discrimination and harassment.

• For more information on this, please see Rebuilding Trust and Community: A guide for schools after the recent UK riots (tinyurl.com/mbk7kucv) by Browne Jacobson.

If so, make sure you don’t miss out on the latest information and tell us of any change in job title, school/ college address, home address and email. You can change your personal information online by simply logging in to your account (www.ascl.org.uk/login). Ensuring that we have your most up-to-date details will enable us to help you quicker should you need to contact us for support. It will also enable us to ensure that you receive all your member benefits.

September 2024 was the deadline for mainstream state-funded schools in England to implement the DfE’s non-statutory expectation of a minimum expected school week of 32.5 hours (tinyurl.com/bdhr8sa6). This includes teaching time, lunch breaks, other breaks, and any enrichment activities that all pupils are required to attend, from the official start of the school day (morning registration) to the official end of the compulsory school day.

Although specialist settings and alternative provision are not directly bound by this expectation, they are encouraged to consider extending their core week where appropriate. Since September 2024, schools that cannot demonstrate that they offer the minimum expected school week of 32.5 hours will need to be ready to provide a clear rationale for this as part of any Ofsted inspection and demonstrate that it does not have an adverse impact on the quality of education.

The new government has pledged to make school uniforms more affordable by limiting the number of branded items of uniform and PE kit that schools can require. Current DfE guidance (tinyurl.com/44ms7tkk) states that schools should keep the use of branded items to a minimum and ensure uniform supplier arrangements prioritise cost and value for money. Second-hand uniforms should also be made available, and a school’s uniform policy should be published on its website. However, the guidance does not currently specify cost parameters or a maximum number of branded items. The guidance could be updated by the government without new legislation, meaning that changes could arrive at any time. In anticipation, schools should review supplier contracts and branding requirements to establish how many items carry the school logo and which of these are strictly necessary.