New education Bill condemned as 'whingers' charter'
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Children's Secretary Ed Balls' plans to guarantee pupils and
parents certain rights from the education system were condemned by
school leaders today, who said it will lead to a "whingers'
charter" for families to complain.
A new education Bill to be unveiled in the Queen's Speech today is
due to include a set of pupil and parent guarantees, setting out
what each can expect from the schools system, and providing a means
of redress if these expectations are not met.
But the Association of School and College Leaders (ASCL) said the
proposals are "prescriptive" and open the door to litigation.
ASCL general secretary John Dunford said: "It is easy for the
government to 'guarantee' specific rights for pupils and parents
when ministers aren't the ones who have to deliver. It is school
leaders and staff whose jobs will be on the line if they don't meet
the 'guarantees'. If government is going to make a guarantee on
behalf of schools, it must provide the means for schools to deliver
on all these items.
"Raising so many aspects of education to the status of a
'guarantee' will have the effect of making everything
quasi-statutory. It will take statute into realms it has never
previously covered.
"Instead of the increasingly diverse system that the government has
often said that it wants to encourage, England will have one of the
most centrally prescriptive systems in the world. Researchers have
stated that English heads are among the most autonomous; these
'guarantees' tell a very different story.
"School leaders are extremely concerned that these 'guarantees'
will turn into a whingers' charter for the more litigious parents
to complain, first to the head, then to the governors, then to the
Local Government Ombudsman service, which has just been created by
last week's new education act. This will create an immense amount
of work for school leaders, who are currently trying, with
government encouragement, to create more productive relationships
with parents."
Under the guarantee parents will have the right to demand
information about their child's performance and about their child's
school, closer involvement with their child's progress through a
designated tutor, including regular face-to-face meetings and more
influence over their schools.
Pupils will be guaranteed a say on how their school is doing and
how it can be improved, primary school children who are falling
behind in English or maths will get one-to-one help and students
will have the right to a personal tutor at secondary school.
If a parent believe a school is failing to meet the guarantees they
can complain to the head, then to the local authority, and then to
the Local Government Ombudsman.
Mr Balls has previously admitted that if these avenues fail to
provide a resolution then a parent could take a school to court in
the form of a judicial review.
But he insisted this would be a "last resort."
A DCSF spokesman said: "This is not telling schools to reinvent the
wheel - they should already be doing this. This is about setting
out in law what pupils and parents should expect from their schools
and making sure that happens wherever they are in the
country.
"This simply will not lead to a flood of court cases against
schools. There will be a clear process so teachers, heads,
governing bodies and local authorities can deal with any complaint
- as they already do with the vast majority of issues.
"If they do not, we've now given the Local Government Ombudsman
powers to hear parents' complaints and recommend that schools take
remedial action. If they still will not, the Secretary of State
will be able to intervene and direct schools to act."
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