Message from the Director of Education re COVID-19 - 08/01/21
Dear Headteacher/Principal,
I hope your first week back has gone well or at least as well as could be expected in the circumstances. As you know, it has been a week of major changes in government education policy with more happening late yesterday for example to early years and possible arrangements for school meals. I have met with trade unions and health and safety representatives recently and with headteacher representatives this morning and there is a considerable amount to update you on as a result of the meetings and the new guidance.
i) Headteacher Briefings – With headteacher representatives, it was agreed to cancel the briefing planned for next Tuesday being so soon after last weeks. Instead it was agreed to have fortnightly meetings and I will send out Teams meeting invites for these. These briefing are planned for the following dates – Tuesday 19th January from 10am to 11:15am: Tuesday 2nd February from 1:30pm to 2:45pm: Wednesday 24th February from 1:30pm to 2:45pm. The timings are planned for the middle of morning and afternoon sessions and so as not to interfere with the beginning and the start of the school day as much as possible. Publlc Health will be in attendance at all meetings.
ii) DfE feedback – Feedback was given to the DfE today relating to a number of points raised at the headteacher briefing which will be taken back to ministers. This included the pressure that some schools are facing with larger numbers of children being back in school due to the extensive key or critical worker list and the addition of children without digital devices, broadband or a quiet place to work. The considerable workplace anxiety was also highlighted particularly with the stay at home message being countered by the need for so many staff to be in school particularly in special schools. In terms of the testing of staff & pupils in secondary schools it was pointed out that the amount of funds allocated to each school is not anywhere nearly enough to cover the testing costs (staffing, cleaning, sanitizer, etc). Some schools are having considerable difficulty recruiting staff.
iii) High Pupil numbers in schools (and nurseries) - a considerable concern has related to the high numbers of pupils in some schools returning to on site learning. Schools have been addressing this in a number of ways. It is key to remember that the DfE guidance has a number of “musts” which relate to the health and safety of staff and pupils and the legal responsibilities linked to this. Because of this, a number of schools are limiting the number of pupils on their sites or in some cases prioritising key worker groups for example from the health service before others. Younger children and those with special needs of course do find the concept of social distancing problematic so again some schools are taking this into consideration when looking at class/bubble size. Consideration also needs to be given to local COVID data such as the very high number of cases in the borough and in some wards, the Tier 5 threat level and the fact the Mayor of London has declared a critical incident due to COVID. All schools should of course be complying as best they can with the government guidance concerning vulnerable children and the children of key workers being in school.
iv) Legal Advice – At the headteacher briefing a specific question was raised concerning a school’s duty of care to both staff and students if a staff member or student refuses to take a COVID test. Some advice has been received which I summarise here but I can send the draft legal advice to individual schools as needed. So to summarise, a school will have done Covid risk assessments and if that risk assessment has identified that taking Covid tests are necessary to protect others’ health and safety, then it could be considered that the school would be taking reasonable action to refuse to let the employee come to work on the school site. If the employee does provide a valid reason for not taking a test, such as where occupational health or a GP confirms they have a health condition preventing them taking such a test, then the employer should explore whether the employee could be redeployed to another role where COVID-related health and safety concerns can be addressed through other methods.
Where a pupil refuses there are the same considerations in relation to others’ health and safety, however the regulations and guidance state that schools will remain open for children of critical workers and for vulnerable children.
Regarding liability, it would be difficult for someone to prove who they contracted Covid from including someone who has refused the test (this would vary on a case by case basis) especially in a large school and if someone were asymptomatic, but clearly if a school refused to allow anyone in who refused a test this would be help with the causation element of liability.
The NHS handbook for schools and colleges for rapid testing states
“Participation is voluntary for the programme and active consent is required either by staff, pupils or students or parents/legal guardians, as appropriate. However, if any staff member, student or pupil does not wish to consent to take part in testing they will still be able to attend school or college unless they develop symptoms.” This NHS advice would provide some sort of mitigation against any liability if the school accepts staff and students who refuse the test. However, this would also support those who are refusing and would counter the advice that the school would be acting reasonably if they refused to let teachers and students attend who refuse the test.
v) School Meals - Gavin Williamson announced on Wednesday that there will be an arrangement for schools to avail themselves of a voucher system through Edenred but there is no information on this at the moment. As with the current guidance, schools should provide meals for those children on site (including free school meals for all infant children), with food parcels or meals provided for those entitled to free school meals not in school.
vi) Risk assessments: Home working. The local authority will be issuing a revised risk assessment template shortly for schools to use to review their own risk assessments. There will also be an updated individual risk assessment provided. With more staff working from home, it is important that health and safety considerations are taken on board with regard to working at home and this may include the school identifying a budget for appropriate chairs for example. Staff should carry out their own DSE (Display Screen Assessment) and there needs to be a consideration that staff should take appropriate breaks when working in front of a computer (so ensuring there are breaks between lessons). Please also consider safeguarding advice as on the DfE website or provided by LGfL to ensure staff and pupils and safe and secure online.
vii) Remote Learning – as you may be aware there are now requirements in terms of the number of daily hours expected for remote learning. Ofsted are likely to be looking at this when they make their school visits this term. Feedback from parents (Our Voice SEND parents group) does suggest there is some excellent practice (which could be shared) but also there are some schools that need to develop this further. If this is a concern to you, please get in contact with your SIA as soon as you can or if you would like us to review this, please let us know.
viii) SEND - in the first lockdown and after, there was excellent practice in SEND work supporting children who were not in school and their families. Part of this was the regular contact made with families throughout the period and the care shown by schools. Parents have asked if this could continue again this time as it was so much valued. The isolation and mental health issues faced by children and families can not be underestimated. I do understand that this also the case for school staff.
ix) ICT & Data for pupils – please ensure you or a colleague reviews the ICT and data offer for disadvantaged and vulnerable pupils on the DfE website as this may be an opportunity.
I hope you are able to have a restful if quiet weekend – your own health and wellbeing during this period is crucial ( I am sure you know this) so please look after yourself as best as possible and in your own way. I will probably take a long walk by the river and in Richmond Park with the deer.
Best wishes
Peter Nathan
Peter Nathan
Director of Education
People Department
Enfield Council