other rights

Children and Families Bill 2013 would bring academies into line on SEN

As contemplated by the draft SEN bill published last autumn academies are – it seems – to be brought into line with maintained schools when it comes to SEN: the Secretary of State today (5 February 2013) announced the Children and Families Bill 2013, which includes (with some changes) what was trailed in the draft.…

Complaining about an academy/free school to the EFA

Another post describes the creation of the EFA. The EFA is an executive agency of the Department. One of the roles it has apparently been given is: “Ensuring academy and Free School funding agreement compliance.” As part of that role (it seems) the EFA has taken over the ‘complaint handling’ role which the YPLA had…

Education Funding Agency replaces Young People’s Learning Agency

I can do no better than quote the Department’s web site on this one: “In October 2010 the white paper The Importance of Teaching announced the intention, subject to legislation, to close the Young People’s Learning Agency (YPLA) and set up a new Education Funding Agency (EFA) as an executive agency of the Department. The EFA…

What happens when an academy or free school breaks the law?

The new UTC/studio model funding agreement includes a new provision, not (as far as I have spotted) previously seen in any of the model agreements: The Academy Trust shall use its best endeavours to ensure that it complies with, and is not in breach of, its obligations arising under any legislation or law, failing which…

Free school admissions policy gives priority to ‘children whose parents are Founders of the College’

Canary Wharf College, a free school which opened in September 2011, apparently gives priority in admissions to ‘children whose parents are Founders of the College’. Canary Wharf College is one of the majority of free schools whose funding agreement (which is where the admissions criteria would be formally set out) is not yet publicly available.…

Is consultation binding?

The simple answer is that consultation is generally not binding. All that is required is that the consulter conscientiously takes into account what consultees say. So even if all responses point one way, the consulter can take them into account and go the other way (provided, of course, they can identify good reasons to do…

Does TUPE apply when a free school is set up?

My colleague at Matrix, Claire Darwin, is an employment law specialist. She has very helpfully provided the following: There are plenty of circumstances in which TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006)  would apply to the opening of a free school – and indeed the Department of Education have recognised that TUPE…

Who looks at acanofworms?

I’m delighted that there have now been been over 10,00 views (setttling down to an average of about 1,000 a week) of this blog. Judging by who follows acanofworms on twitter, they come from a wide range of backgrounds and interests, some pro academies, some anti academies and some just interested. Do all feel free…

Academies putting pupils on ‘reduced timetables’

I am seeing and hearing about a growing number of pupils being placed by Academies on ‘reduced timetables‘, or on ‘vocational courses’ despite being clearly capable of full time and more academic courses. I can’t refer to most of them in any detail because of confidentiality concerns. But I have been given permission by the…

Jamie Oliver, healthy food, academies, and the law

Celebrity chef and healthy food campaign Jamie Oliver has now stepped into the debate about academies by complaining about the fact that academies do not have to comply with the healthy food standards for which he had previously campaigned for all schools. Others have made the same point. The reason this comes about is that,…