THE MAGAZINE FROM ATL, THE EDUCATION UNION
WWW.ATL.ORG.UK
JANUARY 2015 ÂŁ2.50
Would profit-making in education see our schools turned into exam factories? GUIDE
AMAZING ASSEMBLIES Planning sessions that have an impact
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E D U C AT I O N P O L I CY
TURBULENT TIMES Mary Bousted on the impact of curriculum and qualification reforms
FINAL WORD
A BRIGHT OUTLOOK
Meteorologist Sian Lloyd is inspired by her school
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Contents UPFRONT
Y O U R AT L
4
21 USEFUL CONTACTS
UPDATE
ATL’s independent sector conference discusses the secret recipe for education, and warnings of a teacher supply crisis
9 AGENDA
How to get in touch with ATL
23 JOIN THE DEBATE
Schools asking parents for more financial contributions
Mary Bousted criticises the sheer volume of qualification and curriculum reform
11
WALES AND NORTHERN IRELAND
Mark Langhammer on a shared education system for young people in Northern Ireland, with Philip Dixon singing the praises of state education
25
LEGAL ADVICE
When dismissal is considered automatically unfair
26
YOUR VIEWS
ATL members on tackling hurtful language and the virtues of smartphones
27
F E AT U R E S
12 THE MONEY MOTIVE
Is there any place for profits to be made from state education?
16
IN PROFILE
Independent sector champion Malcolm St John-Smith looks back at his career in ATL and Equity
19 MAKE ASSEMBLIES COUNT
A guide to ways of putting assemblies at the heart of a school’s ethos
Report is the magazine from ATL, 7 Northumberland Street, London WC2N 5RD Tel 020 7930 6441 Fax 020 7930 1359 Email report@atl.org.uk or membership@atl.org.uk Website www.atl.org.uk Editors Alex Tomlin, Charlotte Tamvakis Report is produced and designed for ATL by Think Publishing, The Pall Mall Deposit, 124-128 Barlby Road, London W10 6BL Tel 020 8962 3020 Email info@thinkpublishing.co.uk Sub editor Chloë Barrow Art director Darren Endicott Designer Alix Thomazi Advertising sales Michael Coulsey, 020 8962 3020 Account manager Kieran Paul Managing director Polly Arnold
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PRIZE CROSSWORD Win a £50 M&S voucher
28 NOTICEBOARD
Information, events and opportunities to get involved
29
YOUR RESOURCES
Newsletters and CPD for members
30
FINAL WORD
TV presenter Sian Lloyd goes back to school
ATL accepts no liability for any insert, display or classified advertisement included in this publication. While every reasonable care is taken to ensure that all advertisers are reliable and reputable, ATL can give no assurance that they will fulfil their obligation under all circumstances. The views expressed in articles in Report are the contributors’ own and do not necessarily reflect
ATL policy. Official policy statements issued on behalf of ATL are indicated as such. All rights reserved. Material contained in this publication may not be reproduced, in whole or in part, without prior permission of ATL. Cover illustration: The Project Twins
Welcome MARK BAKER, NATIONAL PRESIDENT, ATL Time moves apace and it’s 2015 already! ATL’s Shape Education debates and member events are in full swing, providing a valuable opportunity to talk about the pressures we all face, voice our worries and share our aspirations. I’ve chaired one or two, but give me a class of rebellious teenagers any day! There have been discussions about the privatisation of state education and the profiteering from it. Members have questioned the reduction in provision for our most vulnerable, the Government’s fixation on a narrow academic curriculum, and its ‘one-size-fits-all’ assessment. Concerns are raised over funding cuts, and the tricks being used to mask them. I have also heard about the ridiculously high, often pointless, workload faced by so many. But increasingly creeping into the conversation is the difficulty colleagues say they face in making ends meet. We have suffered real cuts in our pay and it’s biting hard. Yet, to quote one of our members, “It is still the best job in the world.” He’s right too. It’s worth defending, so get involved where you can to make a difference. See www.atl. org.uk/manifesto for ways of taking part in our campaign, and page 7 for more on our Shape Education events. If only the politicians would stop their meddling and up their game; if only Ofsted would disappear into oblivion to be replaced by an inspection system that worked. Now these are New Year’s resolutions we might aspire to!
JOIN THE DEBATE…
report@atl.org.uk @ATLReport facebook.com/ATLUnion
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UPDATE
IN WORDS
“ATL IS RECOGNISED AS THE UNION TO REPRESENT MEMBERS IN THE INDEPENDENT SECTOR. EMPLOYERS LISTEN TO ATL BECAUSE OF OUR REASONED STANCE”
Independent lessons CPD, qualification reform and the ‘secret recipe for education’ were among the issues covered at ATL’s conference for members working in the independent sector More than 100 members gathered at ATL’s annual independent schools conference in November. The conference in London was opened by ATL’s president Mark Baker and began with a panel discussion considering the question ‘Teaching, leadership or structures - what is the secret recipe for education?’ ATL’s general secretary Mary Bousted, Yvonne Baker, director of the National Science Learning Centre, Durell Barnes, head of communications at the Independent Schools Inspectorate, and Darrell Williams of Pivotal Education, took part in the debate. They were all in agreement on the importance of subject-based CPD for secondary schools, age-related CPD for primaries, and that general CPD in the classroom by peers is often the most valuable. In her speech to delegates, Dr Bousted celebrated members’ success negotiating better terms and conditions in their schools. She said: “ATL is recognised as the union to represent, protect
and promote members in the independent sector. Employers listen to ATL because of our reasoned and evidenced stance. “As part of ATL’s Shape Education campaign we asked members what motivates them to work in the independent sector. They told us they are motivated by less regulation, more opportunity for innovation and the ability to use one’s initiative. All these are essential elements of good work, and the fact they are so highly valued by those working in the independent sector says a lot about the sorry state of workplace relations and working practices in the state sector.” Dr Bousted warned of incessant meddling “reform” of curriculum, the inspection regime, qualifications and the dangers of government shorttermism and she congratulated the independent sector’s lead in opposing qualification reforms, including de-coupling AS- and A-levels. She also said teacher workload needs to be qualitatively
assessed and warned the sector against the “dead hand” of Ofsted and the worrying proliferation of “unproductive busywork”, adding: “Teachers spend their time proving themselves, and not improving themselves.” Members then took part in seminars. Ian Power, membership secretary of the Headmasters and Headmistresses’ Conference (HMC), ran a discussion group on peer review in inspection; Jayne Phillips, ATL senior solicitor, ran a discussion group on on-call hours highlighting recent case law; and John Richardson, ATL’s national official for the post-16 sector, presented ATL’s revised guide Working in the Independent Sector.
IN BRIEF
TEACHING SRE Education should prepare children for adult life and the curriculum should promote the spiritual, moral, cultural, mental and physical development of pupils – including teaching about sex and relationships, ATL believes. ATL, the NUT, NAHT and Voice were signatories to a joint letter published in The Times in October in support of the Sex Education Forum’s ‘It’s My Right’ campaign, which called on all political parties to commit to making SRE statutory as part of an entitlement to PSHE education. For more, see www.sexeducation forum.org.uk/ its-my-right.
(L to R) Yvonne Baker, Mary Bousted, Mark Baker, Durell Barnes and Darrell Williams at ATL’s independent sector conference
Despite fee increases outstripping pay rises in independent schools, teachers are continuing to work long hours, while the salaries of teachers and support staff fall in real terms. More than 1,500 members took part in ATL’s 2014 annual survey of the sector, which found more than two thirds (67%) of teachers in independent schools work more than 48 hours a week during term time - over the maximum 48 hours a week specified under the Working Time Directive. Almost half (44%) work between 49-60 hours a week, and almost a quarter (23%) work more than 60 hours a week. Meanwhile, more than a third (36%) said they do not have a statutory, uninterrupted lunch break of 20 minutes a day, while a fifth (19.5%) said they never receive an uninterrupted 4 REPORT | JANUARY 2015
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40-minute lunch break, and a similar number (21%) only rarely get a break of 40 minutes. ATL believes teachers should have an uninterrupted lunch break of 40 minutes, and a motion calling on ATL to campaign for members to have such a break was unanimously passed at Annual Conference last year. One member said: “I work on average at least 50 hours per week and it would be impossible to do all the planning, marking and miscellaneous paperwork required if I did not do so. I also put in many hours during the school holidays.” Another stated: “I am paid a part-time salary but end up working about 40 hours per week. Everyone is expected to do at least one lunchtime duty, a break duty and a club every week.”
Almost half (46 %) said pupil numbers have increased this academic year – this is seven per cent more than in 2013, and the highest percentage since 2010. Almost a quarter (22%) said it was due to schools gaining pupils as a result of closures of other independent schools. Meanwhile, the survey also found that despite a rise in fees, hours and pupil numbers, 81% of staff are due to receive a below-inflation pay rise. More than a fifth said their school’s fees have gone up between two and four per cent; 19% said fees have increased between zero and two per cent, and nine per cent said they had increased by more than four per cent. ATL general secretary Mary Bousted said: “ATL will be supporting members in their pay claims for 2014-15 for cost-of-living increases.”
PHOTOS: PAGE 4: BOB FALLON; PAGE 5: EDWIN STEMP
LONG HOURS DESPITE FEE RISES
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UPDATE
IN NUMBERS
-12% FUTURE OF POVERTY Social mobility and child poverty were the focus of a debate and CPD session led by ATL Future, the union’s group for student and newly qualified members, in Manchester in November. Sue Murphy, deputy leader of Manchester City Council, was joined on the panel by ATL president Mark Baker, ATL Executive member Niamh Sweeney and ATL’s lead equalities officer Wanda Wyporska. Richard Griffiths, a member of ATL Future’s steering group, said: “Sue highlighted the good practice taking place at St Mary’s Primary, Moss Side, and talked about the positive impact having an additional teacher employed to work with small groups and focus on family vulnerability can have. “Niamh drew attention to boundaries that can be created in schools through the cost of resources, uniforms and expensive school trips and suggested an effective relationship with PTAs could help. She also called upon ITT to offer training on child poverty and its effects.” There was also a CPD session on child poverty and mental health.
The panel at ATL Future’s child poverty and social mobility debate answer questions from members
Over the past four years, teachers’ pay has fallen by at least 12% in real terms.
‘Short-term’ approach to teachers’ pay ATL has warned the body charged with advising the Government on teachers’ pay that without an adequate increase there is a danger of a teacher supply crisis
JOIN THE DEBATE… report@atl.org.uk @ATLReport facebook.com/ ATLUnion
Report, ATL, 7 Northumberland Street, London WC2N 5RD
In its evidence to The School Teachers’ Review Body (STRB) regarding teachers’ pay in England and Wales from September 2015, ATL said a one per cent rise would be inadequate and that such a below-inflation increase would exacerbate problems of teacher morale and supply. ATL believes the 2015 increase should address the loss of earnings experienced by teachers in recent years, should not be linked to performance, should be automatically applied to all payments and allowances, and should see a return to a national pay structure. However, the Government’s own evidence to the STRB reiterated that public sector pay awards should average up to one per cent in 2015 and emphasised that there remains a strong case for continued pay restraint. Responding, ATL general secretary Mary Bousted said: “We are deeply disappointed the Government wants to continue
suppressing teachers’ pay. This is incredibly short-termist, particularly at a time when there is a shortage of teachers, including in maths and physics, and the number of pupils is expected to grow. “Over the last four years, teachers’ pay has fallen by at least 12% in real terms. But while pay has been frozen or limited to an average rise of one per cent, teachers’ workload has increased and they have been subjected to constant criticism by the Government and Ofsted. Not a good way to encourage graduates or older professionals to go into teaching. “ATL urges the STRB to ignore the Government’s one per cent pay limit and award teachers an increase that will adequately reward them for the hard work they do and ensure we have sufficient teachers for tomorrow’s pupils.” ATL also contributed to joint union evidence alongside ASCL, NAHT, NUT and Voice. The STRB is due to report back to the Government in late February.
NEW SIXTH FORM PAY PROGRESSION A new pay and progression framework for teachers in the sixth form college sector was agreed by unions and employers in November. ATL agreed to the proposal after consulting reps and members. Steven Crane, ATL’s national official for pay and conditions, said: “ATL strongly supports the retention of a national pay framework for teachers in sixth form colleges, which will continue to provide national pay
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scales with established pay points and restore competitiveness with the schools sector at the minimum and maximum of the scales. Our consultation revealed a strong majority in favour, although there were concerns it should not reduce rates of progression, thereby reducing pay levels. Although the employers made a commitment, it was not designed with the intention of reducing rates of progression. ATL
will be seeking to ensure the revised agreement and guidance should continue to emphasise this and contain appropriate safeguards.” The framework awaits final ratification by the National Joint Council for staff in sixth form colleges, and it is the employers’ intention it starts in September 2015, allowing for progression and transfer to the new pay scales in September 2016.
JANUARY 2015 | REPORT 5
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IN PIC TURES
UPDATE
4 Members quizzed MPs at ATL Shape Education events across the country: Tristram Hunt MP in Birmingham; Yvonne Fovargue MP with Mary Bousted and Mark Baker in London; Adrian Prandle and Bill Esterson MP in Manchester
Advancing careers Panellists called for a central careers service for schools, more face-to-face guidance and greater awareness of career options at ATL’s debate in November
PHOTOS: EDWIN STEMP, SARAH TURTON, ROY PETERS
Members probe MPs Workload, inspection, a balanced curriculum, changes to A- and AS-levels, transparency for academies, QTS and vocational training were among the education issues members raised with MPs at a series of debates in November. In Manchester, members quizzed Bill Esterson, Labour MP for Sefton and member of the Education Select Committee; Eric Ollerenshaw, Conservative MP for Lancaster and Fleetwood and a former history teacher; Duncan Haworth, chair of the National Governors’ Association (NGA); and ATL policy adviser Adrian Prandle. In Birmingham, members shared their vision with shadow education secretary and Labour MP for Stoke-on-Trent Central Tristram Hunt; Emma Knights, chief executive of the NGA; Lee Barron, TUC Midlands regional secretary; Richard Hatcher, professor of education at Birmingham City University; and ATL general secretary Mary Bousted. Members in London raised their concerns and priorities for education with Yvonne Fovargue, the shadow minister for young people and Labour MP for Makerfield; Natalie Bennett, Green Party leader; Ryan Shorthouse, director of think tank Bright Blue; and Mary Bousted. WWW.ATL.ORG.UK
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In the second of ATL’s Shape Education debates ahead of the general election, a panel of experts addressed the state of careers guidance in UK schools and colleges at an event at the RSA in London. Sara Caplan, of accountants firm PwC, said she feels there is no real way for teachers to learn about the variety of careers options in the absence of a national careers service that works with schools and colleges. “Unless we fund a central service, we’re perpetuating a postcode lottery,” she said. She added that, although PwC and others are visiting schools, employers need to do more to engage with schools, particularly in areas away from major cities. She also believes students are unaware of the choices available to them, and was “stunned that pupils and parents don’t realise there is an alternative to going to university”. Liberty Pim, a sixth form student at Charters School in Berkshire, echoed this view: “I don’t know what I want to do [as a career], but I’m not worried about it.” She added: “Everything is streamlined towards me making a decision now that I don’t want to make.” Careers advice should be more about showing wider options available than pinning young people down to a career path, she said. Her own experience – an
online questionnaire and a five-minute chat with an external careers adviser – left her with the bemusing career advice of ‘dog-groomer’. She also highlighted the pressure young people are under when they are told Year 9 is ‘the most important year of their lives’, and said there is too much focus on exams and not enough on learning to be a good employee. Finally, she extolled the virtues of her own work experience, saying it was a shame it is no longer widely available to all pupils. Sir John Holman, emeritus professor of chemistry at the University of York and author of Good Career Guidance for the Gatsby Foundation, said careers guidance is vital for social mobility. “If students are not getting guidance at home, where else will they get it other than at school?” He believed schools should have the autonomy to provide careers advice but do not have the support since the coalition removed the national careers service from schools. He said basic employability could be taught, and his one key action would be to restore personal, objective, face-toface careers guidance. Other representatives who joined in the debate included the recently appointed shadow minister for young people Yvonne Fovargue and Liberal Democrat peer Baroness Sharp of Guildford.
Sixth form student Liberty Pim and Sir John Holman at ATL’s Shape Education debate on careers guidance
JANUARY 2015 | REPORT 7
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AGENDA
SCHOOLS AND COLLEGES are entering into a period of turbulence, with curriculum and qualification change on an unprecedented scale. Four years stretch ahead of us in which revised GCSEs, AS- and A-levels are introduced in a rolling programme encompassing all subjects, age phases and vocational qualifications. Faced with acute concern that the timescale was unsustainable and would leave students unable to manage the new syllabus, Nick Gibb, the schools minister, has agreed to delay the introduction of the new maths A-levels by a year, so first teaching begins in September 2017. This is the first sign of common sense from the coalition in its quest to reform the qualifications system and make exams more rigorous. Curriculum, assessment and qualification reform has been introduced piecemeal since 2010, with no overall strategy or timelines available to those attempting to implement it. Furthermore, there have been delays and late-stage changes, making it very difficult for staff in schools and colleges to know what is required of them and their students. The Department for Education (DfE) appears to be supremely ignorant of the fact all schools and colleges have a planning cycle and need to make decisions about the curriculum for the following year during the autumn term of the previous year. Teachers need time to plan and build in any necessary changes, write new schemes of work and revise assessment strategies. When the syllabus is radically changed, teachers need to learn new aspects of their subject. In secondary schools the pressure on English and maths departments is enormous: the new national curriculum in 2014 for Years 7, 8 and 9; the new GCSEs for teaching in 2015; and the new A-levels for first teaching in 2015 (English) and 2016 (maths). With so much change in such a short time, English and maths teachers also cannot simply follow new programmes of study, as suggested by the DfE, since it will be some years before Year 7 will have followed the new national WWW.ATL.ORG.UK
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Bumpy road ahead ATL general secretary Mary Bousted explains why curriculum and qualification reform will lead to unprecedented turmoil curriculum throughout their primary years. Those departments therefore have to adapt the curriculum year-on-year for students who will be studying for the new GCSEs without the benefit of the new primary curriculum. In future, similar pressures will exist for other subjects as further details of new qualifications are announced, and staff have to choose specifications, rewrite schemes of work, select new resources, plan training and amend assessment processes. And teachers in the secondary sector have one key question: in the new GCSE 9-1 grading scale, what does a ‘C’ look like? Although the new grade 4 will
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be pegged to the old grade C (pass) for the first year, will future expectation be that grade 5 becomes the C? Meanwhile, changes to curriculum, assessment and accountability have left primary teachers overwhelmed by workload. From September 2015, they will have the opportunity to use a baseline check with their reception pupils. This is not statutory, but should a school choose not to use it, there will not be an opportunity to have a progress measure as part of the floor standard mechanism. However, there is little known about the checks; many schools have not yet made the decision in principle as to whether they will use a baseline check (they have nothing on which to base that decision) and there is no information on how the checks will relate to one another. Moreover, the common language of curriculum levels has been removed without real thought as to what should replace it. The information provided by the DfE has been wholly inadequate. No business would undertake such massive changes without allowing time for staff training and development – but ministers have consistently refused the unions’ request for an extra day to prepare, holding the view schools do not need more than the five days of INSET. This shows just how little politicians understand about the scale of the challenge involved in making these reforms work. And how will the pupils fare in a return to timed, linear exams where key aspects of a subject, such as speaking and listening in English and practical work in science, are cut out of the grade? And how will exam boards cope with the hugely increased number of scripts to mark, when the quality of exam marking is more uneven and schools’ appeals are rising sharply? Qualification reform should be undertaken seriously and carefully, alongside full consultation with the profession, so change is understood, widely supported and owned by those charged with its implementation. None of these requirements have been met by the reckless approach of the coalition. JANUARY 2015 | REPORT 9
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THE VIEW FROM… WALES/NORTHERN IRELAND
Wales
Northern Ireland
DR PHILIP DIXON
MARK LANGHAMMER
It’s time to spread the word about state education
All aboard the education bus
WE HAVE now done some initial research into members’ views of what should be included in our manifesto for the 2016 National Assembly elections. It was a very interesting experience. Over the next few months, we will be asking for feedback and further thought – do take part in that process. One thing that came across loud and clear was your total opposition to any form of privatisation of our national education service. You do not want our schools handed over to companies whose first interest is the profit motive. You want to see our schools kept
completely in state control. To be fair, the Welsh Government and most of our political parties do not want to go down this route either, but that does not mean we can rest on our laurels. What we have to show in Wales, and indeed in the other devolved parts of the UK, is that state education really can deliver. We owe that to those members who now have to fight the free schools lobby across the border. We know we have had problems in Wales. The gap in our performance compared with the other parts of the UK, especially in PISA, is well known. But in the past, our schools were as good as those elsewhere, if not better; our youngsters achieved better results than their English counterparts, and there are genuine centres of excellence in Wales. We can also take heart from the experience of Finland, where state education delivers one of the best-performing systems in the world. Members are proud we have kept our comprehensive system in Wales. Our schools are not for sale. Full stop.
A RECENT ARTICLE by the Belfast Telegraph education correspondent Rebecca Black demonstrates the difficulty of strengthening a shared education system for our young people. Her article explained how the 60 Belfast councillors elected to the 201519 ‘super-council’ – tasked with leading the city into the future – were offered a bus tour to explore parts of the city unfamiliar to them. Sinn Fein’s Mairtin O’Muilleoir, now MLA for Belfast South, had driven through east Belfast before he served as Lord Mayor in 201314, but had never been on the ground meeting people. Gavin Robinson of the DUP, another former Lord Mayor, rectified this by taking Mr O’Muilleoir on a bike ride along east Belfast’s Connswater Greenway. But likewise, Mr Robinson said there were places, such as Casement Park in the west of the city, that he had not visited before his year as first citizen. Newer councillors, such as TUV’s Jolene Bunting, said there were areas where she had never walked. The DUP’s Guy Spence said he had not set foot on the Falls Road, while Sinn Fein’s leader in the council, Jim
McVeigh, joked he had been to most areas – including the Newtownards and Shankill Roads – but not “the posh areas”. The report underlines the shocking limitations of the extremely limited spatial movement of many in our ‘capital city’. And limits in movement often result in limited horizons, mentally and politically. Ultimately, the bus tour idea stalled as the councillors could not agree on an itinerary, with the DUP and PUP welcoming it, but the TUV slamming it as a “waste of ratepayers’ money”. So, what chances are there now for a single teacher training college for Northern Ireland?
Our manifesto, your vote Share our manifesto with colleagues, parents, governors, MPs and decision-makers www.atl.org.uk/manifesto Find out how you can get involved at organise@atl.org.uk Join the debate #ShapeEducation @ATLUnion @ATL_AMiE
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JANUARY 2015 | REPORT 11
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SPOTLIGHT ON… XXX
The money
motive
WHAT’S WRONG with making a profit from education? That was the question posed at the first in a series of events organised by ATL to generate genuine debate among supporters and opponents of issues facing the education sector in the run-up to the election. Much of the debate on the use of profits in education revolves around research and evidence, but one difficulty is that there are very few examples of for-profit schools by which to judge the effectiveness of the model.
COULD PROFITS REALLY IMPROVE STANDARDS AND INCREASE FUNDING IN EDUCATION? OR WOULD THEY OPEN IT UP TO CORRUPTION AND EXAM FACTORIES? REPORT LOOKS AT THE DEBATE
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SPOTLIGHT ON… PROFITS FROM SCHOOLS
Chile and Sweden are at the centre of much of the debate, as both allow schoolowners to make profits. These countries employ a school voucher system whereby state-funded certificates are issued to pay for children’s education, and are redeemable at any participating school, whether they are for-profit or not.
ILLUSTRATION: THE PROJECT TWINS
Choice, competition and standards Gabriel Heller Sahlgren of the Centre for Market Reform of Education, and one of the panellists at ATL’s debate, believes allowing for-profit schools under this sort of voucher system would enable choice for parents living in disadvantaged areas with poorly performing schools. “In Chile and Sweden, businesses tend to start schools in the most disadvantaged areas because that’s where the pupils have the least choice already,” he says. “In the UK, everybody has choice if you’re rich or middle class. You can choose a house close to a good state school. I think the current system is failing the poor, who are a lot more fixed in their communities.” He also believes giving parents in those areas a choice of school would create competition with the existing schools and therefore drive up standards overall. “The argument for for-profit, in my view, is about the argument for competition: give parents choice, make schools compete for that choice, and you would see achievement rise. It’s never very strong, but the effect tends to be positive.” Rick Muir, associate director for public sector reform at think tank the Institute for Public Policy Research, and another panellist at our debate, supports competition based on reputation without profits: “We can argue about league tables, but the idea that schools should be accountable creates a pressure on schools to do better. That kind of competition works with collaboration between schools. Education should be about cooperation.” Martin Johnson, former ATL deputy general secretary and co-author of the TUC report Education not for Sale, also favours a collaborative approach – but does not agree competition is a positive force. “The evidence is that for-profit does not improve system performance and pupil outcomes. In fact, PISA’s analysis of 2012 results says nothing about profit, but says that competition between schools does not improve performance.” Yet Heller Sahlgren argues that, while for-profit schools themselves may not perform any better than not-for-profit, critically they do not perform any worse. WWW.ATL.ORG.UK
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“With profits,” he says, “we get a virtuous circle: we can get better results for pupils and lower costs in absolute terms.” The argument about outcomes is complicated by which outcomes it is believed schools should produce, and the relative merits of quantifiable ‘hard’ qualities versus more subjective ‘soft’ qualities. “When school systems are marketised,” says Johnson, “schools become commodities and their performance is judged by pupils’ performance as measured by standardised tests in very few subjects. If this is how schools are always judged in this country, then that is an impoverished view of education. “Schools perform many, many social functions,” he continues. “They are an important community resource and source of social cohesion. In systems that go to for-profit, there is a marked increase in both social inequality in school intakes and segregation, which have been shown to have a negative impact on pupil performance. The evidence from PISA now is fairly strong that if you have mixed ability intake and classes, on the whole the top will pull the bottom up. But why would for-profit schools worry about kids who are not going to do well at GCSE?” Muir believes profit introduces complexity into the motives of a school. Owners with one eye on the bottom line would focus on results over the wider remit of a school “[There is] an additional pressure to focus on only what you can measure,” he says. “I don’t want to see Serco exam factories.” Heller Sahlgren believes there is
£71 million. ATL general secretary Mary Bousted also spoke to a TUC motion, stating that public funding should not be for private gain. She cited several examples of dubious practice, including US firm Mosaica, which operates four academies in England under the Aurora Academies Trust, paying itself £213,000 for the use of its own curriculum model in those schools, when the rules state it should be provided ‘at cost’. “Getting the profits through the back door like this is not a great idea,” says Heller Sahlgren. “You lose the dynamic effect of profits.” He believes this is just one example of how a great deal of funding fails to reach the pupils, no matter what system is in use. “There are many ways to take out profits in non-profit organisations: high management salaries, headteacher salaries. Analysis in the US shows just 50% of the money actually reaches the classroom. That’s a significant problem, regardless of profits; it gets lost in the bureaucracy. Even in a completely nonprofit system, you have no idea if that money reaches the pupil.” He argues there is actually more scrutiny on for-profit schools, with the media particularly on the lookout for scandal at for-profit schools, while disregarding equally bad activity at state schools. “With profits, you actually open up where the money goes; it is shown in the annual report. Most profits would go to re-investment and a tiny proportion goes on dividends for shareholders.” Furthermore, he says, those dividends,
“IN SYSTEMS THAT GO TO FOR-PROFIT, THERE IS A MARKED INCREASE IN SOCIAL INEQUALITY” already too narrow a focus on exam results, but suggests that in a for-profit system parents would be able to judge the unquantifiable softer qualities, such as their child’s happiness or welfare, which research has shown are a strong indicator of future success. Parents unhappy with a school’s ability to address these factors could take their voucher, and therefore funding, to another school.
Show us the money Of course, there are already profits being made from education in a variety of different ways. In November, the National Audit Office found that 43% of academy trusts paid public money towards private businesses owned by their own directors, trustees and relatives, worth around
or profits, would then be taxed, putting money back into the state. He himself favours earmarking those tax revenues to spend on disadvantaged children. Heller Sahlgren also claims his proposed model of for-profits schools would enable the opening of new schools and “upscaling” of existing good schools without any extra state funding, as aspiring private providers would need to raise the money themselves to start or expand a school. He adds: “The current free school and academies programme is a waste of money to a large extent. You give a lot of money to schools to convert to academy status. I say, if you believe you can start up a school, use your own money, or find it on the market. Don’t take the 3 taxpayers’ money to do it.” JANUARY 2015 | REPORT 13
16/12/2014 17:52
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SPOTLIGHT ON… PROFITS FROM SCHOOLS
The flipside of the argument that good schools could be expanded is that ‘bad’ schools would close under this system, an outcome Heller Sahlgren welcomes. “If you think about any market, there will be a mixed picture,” he says. “Not everybody can survive and not everybody should. There is no reason why you should allow cohort after cohort to pick a bad school. We have a lot of ‘failing schools’, but they never actually fail, they never close. I want more failure in the system. “There would need to be some form of mechanism to ensure pupils aren’t badly affected by a closure.” He cites JB Education in Sweden, owner of 21 schools, which went bankrupt in 2013 but arranged for most of its schools to be taken over by other providers, while all other pupils were found places at alternative schools. Heller Sahlgren also says fresh ideas are needed in education. He believes
For-profit schools: the political view
Former education secretary Michael Gove was ‘relaxed’ about the idea of schools being run for profit, and had “no ideological objections”, and in November 2013 The Daily Telegraph reported that the Conservatives were proposing for-profit schools as part of their manifesto. In September last year, Gove’s successor Nicky Morgan told a TES webchat for-profit was something she would have to “think very carefully about”. She then ruled it out in an interview with the Financial Times later the same month, saying: “I don’t think that there is a place for the profit element in education.” Meanwhile, shadow education secretary Tristram Hunt said: “Labour is unequivocal in its rejection of the profit schools model that has done so much damage to education standards.” The Liberal Democrats claim they, as part of the coalition, have stopped the Conservatives from pursuing the idea. However, with businesses already positioning themselves in the education landscape through the academies programme and by supplying services to schools, the idea of profits refuses to go away. ATL’s manifesto for education, ahead of the general election in May, states: “We want an end to schools, colleges and universities being run for profit, either directly or indirectly. Public money should be used for children’s education, not shareholders’ profits.” See more at www.atl.org.uk/manifesto.
motivated by desire to serve the public interest, and the private, where people serve their own interests. Schooling is a fundamental place to start.” Will we ever have for-profit schools in the UK? Heller Sahlgren thinks it is inevitable in the long term because authorities to buy supplies and services, funding from Government and but he draws a line in the sand. “There philanthropists will be insufficient, and is an area that is no-go for profit,” he he is in favour of trialling the system. says. “Curriculum, pedagogy, school “The evidence overall doesn’t indicate any leadership and management – those are negative impacts,” he says. “The potential what a school is essentially about. You see benefits are much higher than the school websites with trademarks on their potential costs. At the end of the day, we curriculum – it’s outrageous.” live in a capitalist society that’s built upon A question of values a bedrock of profits. This line, which Johnson believes should “There are always problems but you not be crossed, sums up the difference can solve them with other policies, rather between the two sides of the argument. It than just having a flat-out ban on anyone boils down to a fundamental philosophical who wants to bring in private provision to split about how we provide public services. education. If the market doesn’t want for“What kind of society do I want to profit schools, they will go out of business.” live in?” says Heller Sahlgren. “I want to Johnson believes there are just too live in a society with the best possible many problems, particularly with public outcomes for kids per pound. I don’t have perception. “The unpopularity of it is any problems with having a a big stumbling block for logo on a curriculum if it’s politicians. And the doubts a good curriculum. I want about the performance JOIN THE to have logos if it produces a of for-profit schools DEBATE… better outcome. I don’t care should make any if it makes a profit or not, business think twice. as long as there are better “It’s a philosophical, What do you think? Is it right profits outcomes, I am happy.” moral, political principle should have no place In contrast, Muir says: “I that education is a public in education? And don’t think a good society service,” he concludes. where do you draw is one in which all our “Margaret Hodge, chair the line? Or could the profit motive create relationships with people of the Public Accounts new innovations in providing a service have Committee, has said it. schools? Let us know a profit motive. I want a It’s just plain wrong to what you think at report@atl.org.uk. balance of the public realm, make money out of it.” n
“IT’S A PHILOSOPHICAL, MORAL, POLITICAL PRINCIPLE THAT EDUCATION IS A PUBLIC SERVICE. RUNNING IT FOR PROFIT IS JUST PLAIN WRONG” education has hardly changed since the 19th century. “If you want to see an education revolution, you need to bring in more innovative voices,” he says. Yet Muir doubts whether profits will bring that. “The private sector is not particularly innovative,” he says. “It’s pretty standardised in the way it runs back-office services like HR. I believe we have innovation in our system now, people trying their own approaches.” He also challenges the argument that private firms should borrow money to start or expand schools, pointing out the Government can borrow money much more cheaply than the private sector. He cites the cautionary tale of a previous foray by business into schools, PFI (private finance initiatives), which have a poor track record of good value, and will continue to cost taxpayers for some time. Johnson fundamentally rejects the pragmatic language of business in education. “‘Upscaling’ and ‘downscaling’ do not reflect the fact that for parents and children, having a school close down is not a little thing,” he says. “I went through school closures in the 1970s, when it had to be done for effective use of school resources. But it was hell. It’s not something to be welcomed.” Johnson acknowledges there is already some profit in education, with schools using the purchasing power of large local WWW.ATL.ORG.UK
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JANUARY 2015 | REPORT 15
17/12/2014 11:26
IN PROFILE… MALCOLM ST JOHN-SMITH
A grand finale Independent sector champion and singing Conference delegate Malcolm St John-Smith looks back over his career and how he has always fought injustice. Words by Alex Tomlin AFTER 34 YEARS of teaching in a range of independent and local authority schools, along with a working lifetime of supporting colleagues through his union work, the operatic Malcolm St John-Smith is taking well-earned retirement. “I’ve always said teachers know when they’ve reached the point when they need to move on,” says Malcolm. And that time has come now for the 69-year-old musician, erstwhile ATL national Executive member and former member of the English National Opera (ENO), who is retiring from teaching and gradually relinquishing his union roles, including as chair of ATL’s influential Independent and Private Sector Advisory Group (IPSAG). While he will continue as Wakefield branch treasurer until April 2015, he will be remembered by many as the ‘singing delegate’, after transforming several operatic tunes into resolutions at ATL’s Annual Conferences, including telling the sorry tale of St Elphin’s independent school being shut down without notice by its owner flying in by helicopter; Malcolm getting his message across to the tune of Gilbert and Sullivan’s ‘I am the Very Model of a Modern Major-General’. Having qualified as a teacher in 1966, Malcolm then spent 14 years with the Sadler’s Wells ENO in London, before he and his family moved back to his home town of Wakefield, West Yorkshire. There, he combined his music and teaching skills in a series of parttime jobs in local authority schools, as well as in the independent Leeds Boys Grammar School, where all members of staff had to wear gowns (and, on occasion, mortarboards). However, it was when he moved two years later to another independent school, Ackworth, a 16 REPORT | JANUARY 2015
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Quaker school in nearby Pontefract, as a peripatetic music teacher, that he really felt at home. “The first day I walked through the door I really felt I was in the right place. I must have been because I stayed for 26 years.” The Quaker tradition of silence was part of the appeal. “When you’ve finished a discussion you have a period of silence to reflect,” he explains. “No one says anything, it just happens. I always started every lesson with silence. And at the end of the lesson we just stopped and were silent. My colleagues always used to say they knew when pupils had come from me because they were calm.” Staying calm has been one of the secrets of Malcolm’s success in his union work, where he has found staff and management have appreciated his approach of quiet consultation and discussion to reach a solution that satisfies both sides. It was in the theatre he first became involved in union activity, when he became the theatre rep and then stood for the Equity general council, representing the opera branch of the profession, and found himself in council meetings with the likes of Ralph Richardson, John Gielgud, Donald Sinden, Kenneth Williams and “the firebrand and extraordinary lady” Vanessa Redgrave. Seeing what other professionals in the theatre went through taught Malcolm about unfairness. “I hate injustice, people not being treated with respect,” he says. “In the theatre, we had a system where you could be asked to be an understudy but there was no guarantee you would go on. You had to do all the work, learn the part and be ready to go on at a moment’s notice, but they could decide if they wanted someone
else to do it. That didn’t seem right to me. “That led me into an uncomfortable period in the theatre, when I stood my ground. We had a dispute with the management and I led the first ever strike out of the theatre. I’m quite proud of that, the fact that people were prepared to follow me. “I wouldn’t in any way describe myself as militant, but I’m very strong-minded,” he says, advocating a clear method of discussions with management that he learned when he first became an ATL rep and has employed throughout his career. It begins with ‘A’ for ‘achievement’: knowing what it is you want to achieve from negotiations. If that is not possible, then you aim for something that is ‘B’ for ‘beneficial’. ‘C’ is the ‘compromise’ somewhere in the middle, but if you are ‘D’ for ‘doubtful’ it is time to politely say ‘thank you very much, I need to go and talk to colleagues now’ and move to ‘E’ for ‘exit’. This approach has served him well, but sadly could not be applied to the pensions dispute of 2011, when, in June that year, ATL took
“WE DON’T GET T THE PEOPLE WHO M SO MANY MEMBE DO THAT
Malcolm’s union career began during his time in the opera almost 50 years ago
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IN PROFILE… MALCOLM ST JOHN-SMITH
Malcolm often serenaded delegates at ATL’s Annual Conference
N’T GET THE OPPORTUNITIES NOW TO TALK TO E WHO MAKE THESE DECISIONS THAT AFFECT MEMBERS OF THE PROFESSION. IF YOU CAN’T DO THAT THEN YOU’RE NOT IN A DEMOCRACY” national strike action for the first time in its history - including members from the independent sector who had been threatened with being denied access to the Teachers’ Pension Scheme, a proposal that was scrapped following the industrial action. It is with mixed feelings that Malcolm recalls the moment ATL members decided to strike. “There was overwhelming sadness that I felt that we were being forced into it, but it was a proud moment as we were trying to put right something so wrong. We don’t get the opportunities now to talk to the people who make these decisions that affect so many members of the profession. If you can’t do that then you’re not in a democracy. I want to be able to talk and reach an agreement.” WWW.ATL.ORG.UK
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Of the day of action itself, he recalls: “It was wonderful to see the independent members come out and to feel as though you were part of one big body; we were out there with firefighters, police officers, ambulance workers. A teacher is a teacher, whether that’s in the state or independent sector.” ATL’s inclusion of both state and independent school staff in membership is something Malcolm is very proud of and he believes the two sectors have more similarities than many people realise. “People should never think of all independent schools as being the same, in the same way not all state schools or academies are the same,” he says. “The public perception is of somewhere like Eton or Harrow. They’re in a different category. The majority are not the preserve of the rich. Parents from all professions work their socks off to send their children to independent schools.” To those who believe education should be provided entirely by the state, Malcolm responds that “I’m all in favour of state education and I deplore the way local authorities are
being stripped of powers, with the rise of academies. But independent schools have been around for hundreds of years. We’ve never had education just provided by the state.” He acknowledges that the sectors face different challenges at the moment. “Independent schools are always at the mercy of the economics of the country. Recessions have been very damaging and a lot of schools have struggled, leading to mergers and closures. But there seems to be an upturn – pupil numbers are beginning to come back.” He does feel that smaller class sizes are one advantage that independent schools have. “Just from a purely mathematical point of view, a teacher with a class of 20 has more time to spend with individuals than one with a class of 30. That’s common sense. How much of an effect that has is dependent on a number of factors,” he says. For those working in the different sectors, he believes the relative freedom of independent schools from government interference is an issue, as he sees his daughter, a teacher in a state school, working evenings and weekends to prepare “unnecessary, overbearing lesson plans to the nth degree just to satisfy some bureaucracy”. However, a poor general perception of teachers is common to the whole profession, he feels. “I read something every day about what the profession’s doing wrong. It’s endless. If the press can publish stories about teachers not doing what they’re supposed to do, then they will. Very rarely do we see anything positive. That’s the downside of where we are at the moment. ATL and the other unions need to challenge that. ATL is a wonderful organisation and I have been immensely proud of being a member, and I will continue to be a retired member. “Nobody should be without representation from a professional association. And for independent school staff ATL is the only union with its own national official, own lead member and own advisory group. We are independent sector specialists.” JANUARY 2015 | REPORT 17
17/12/2014 11:25
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GUIDE
Make assemblies count
Author and headteacher Will Ryan suggests ways of making assemblies an integral part of a school’s ethos
I REMEMBER IT CLEARLY. It was the unexpected first question I received during a deputy headship interview. “A hymn, a prayer and a ‘telling off’: is that the typical school assembly?” Prior to that question I had led assemblies without really considering their significance. I can’t remember my fudged answer to the question, but it made me think. Just consider the maths of assemblies. Twenty minutes daily for 38 weeks equates to 63 hours of children sitting in assembly each year. I decided it was essential that every second counted. Thirty years after the unsuccessful interview I still believe that schools can use this time to create wonderful citizens for the future, while building an ethos that runs through the school like the letters in a stick of seaside rock.
memorable’. Assemblies encouraged learners to explore right from wrong, what is fair and unfair, or what is beautiful and what is ugly. A second key message in this multicultural school was to stress that there is more in this world that unites us than divides us. As a consequence, assemblies created a set of values that aided learning while developing wise citizens of the future. Assemblies were never used as a forum to deliver school notices. I loved leading assemblies in this style. Young people desperately want to make a difference to our troubled world and I set out to develop a range of ideas that explored significant issues at a global, national and local level. The themes covered:
“ASSEMBLIES ENCOURAGED LEARNERS TO EXPLORE RIGHT FROM WRONG, WHAT IS FAIR AND UNFAIR, OR WHAT IS BEAUTIFUL AND WHAT IS UGLY” To achieve this, assemblies must be integrated into the lifeblood of the school, and aligned with any aims, rules, prayers or mission statements that exist. I learned this fact the hard way when I moved into my second headship where behaviour and pupil attitudes were deeply worrying. Several strategies were introduced to resolve the behavioural issues. The assemblies were seen as significant if we were to create a learning community where everybody had a duty to achieve and a duty to help others achieve. Each assembly related to one of five school rules, which stressed what children should do if they were to be responsible learners who succeeded in both the present and the future. The rules were devised in consultation with pupils and were deliberately ‘catchy and WWW.ATL.ORG.UK
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R the use of child slavery to provide
the Western world with chocolate bars R the inhumane sweatshops that produce
designer trainers R the rising population and the promises
we should make to the other seven billion people who share the planet R the ethics of ‘buy one, get one free’ as the amount of perishable food arriving at landfill sites increases year by year. My book promotes activity in the assembly where children find additional information with computer tablets, and the children sum up their thoughts at the end in six meaningful words. However, to have impact the assembly must sit within a holistic approach to the values promoted by a school. So if you want guidance on how to create assemblies and you are starting
from scratch, follow the tips below. Alternatively, you can join in part way. 1. Meet with children to establish what they think about behaviour and attitudes in school, establishing when they feel safe and when they feel worried. Also consider what makes children proud of their school and what they are ashamed of. 2. Then work with the learners and adults to create a handful of school rules or values that emphasise what children should do. They need to be catchy and memorable. You could even create a school prayer relating to these rules. 3. Now make these rules run through the school like the letters on a stick of rock. This could be through displays, circle times and especially assemblies. 4. Make sure assemblies build from emotional hooks and explore real issues, which are presented in a 21st century context, where the children feel they can bring about change. 5. Ensure that assemblies make the best use of every second and that pupils are partners in the learning process. 6. Make full use of new technologies, while remembering that we all love a good story. Many stories are best told rather than read. The children will love it when you make up the story. 7. Conclude by referring back to which school rules have been covered. 8. Six is deemed to be the least amount of words you need to create a story, so try asking the children to tell the story of the assembly in just six powerful words. Will Ryan’s book, Twenty-First Century School Assembly and Classroom Activities, is available from www.independentthinking.co.uk
JANUARY 2015 | REPORT 19
16/12/2014 17:52
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YOUR ATL… CONTENTS AND CONTACTS
Your ATL EXPERT ADVICE, TEACHING TOOLS, MEMBER BENEFITS – AND YOUR RIGHT TO REPLY
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JOIN THE DEBATE
The realities of voluntary parental contributions in schooling
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LEGAL GUIDE
Automatically unfair dismissal explained
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Your Views: ATL members hold forth on tackling all hateful language, why banning smartphones from the classroom would miss a learning opportunity, and how constant scrutiny just adds to stress
“Smartphones have more educational potential than any innovation since the printing press”
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NOTICEBOARD
A scholarship for ATL members and the upcoming officer elections
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RESOURCES Newsletters, legal guidance and ATL’s new course on equality and discrimination
USEFUL CONTACTS If you need help with matters related to your employment, your first point of contact should be your school or college ATL rep, or your AMiE regional officer if you are a leadership member. You can also contact your local ATL branch for advice and support. If they are unable to help, contact ATL using these details: General enquiries: 020 7930 6441 info@atl.org.uk BELFAST: 028 9078 2020 ni@atl.org.uk CARDIFF: 029 2046 5000 cymru@atl.org.uk
Membership enquiries: 020 7782 1602 membership@atl.org.uk
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ATL’s regional officials are available to speak to you about work problems Monday to Friday from 5pm to 7.30pm during term time.
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0800 083 7285 Call Morrish Solicitors LLP, ATL’s appointed solicitors, or go to www.atlinjuryclaims.org.uk. This service is open to members and their families, subject to the rules of the scheme. TERMS OF ATL’S SUPPORT ARE OUTLINED IN OUR MEMBERS’ CHARTER, AVAILABLE VIA WWW.ATL.ORG.UK. WHEN EMAILING ATL FROM HOME, PLEASE INCLUDE EITHER YOUR MEMBERSHIP NUMBER OR HOME POSTCODE TO HELP US DEAL WITH YOUR ENQUIRY MORE EFFICIENTLY.
JANUARY 2015 | REPORT 21
19/12/2014 15:04
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CALCULATING THE COSTS
As budget cuts bite, Charlotte Tamvakis looks at the reality of hidden parental contributions in state schooling PENS AND PAPER, textbooks, building repairs and even sports equipment – these are not the sort of school costs you might expect parents to have to contribute towards, yet ATL members have told us this has been happening more and more. In fact, with budgets being squeezed, many parents and carers are paying hundreds of pounds a year in ‘voluntary contributions’ towards these and a host of other resources and activities. When ATL surveyed more than 500 members last year, more than a quarter (26%) told us their school or college asked parents or carers for contributions towards the costs of textbooks or revision aids, and one in 10 schools (13%) asked for money towards the costs of stationery. Six per cent asked for money towards the upkeep of the school building, and the same number asked for money for sports equipment used in PE lessons. The majority (90%) said their school asked for contributions towards the costs of school trips. ATL member Jenny Inglis raised her concerns in a motion from ATL’s Berkshire branch at Annual Conference last year. “In the 1944 Education Act, the Government promised free education for all. However, we now have a situation with schools asking for voluntary contributions towards curriculum-related trips, equipment, and sometimes buildings costs,” she explained. Some schools ask for regular payments by direct debit and it is not uncommon for this to be £50 a term, she said, adding: “So education is not free for all, or at least it isn’t unless you are able to refuse to pay, either through necessity or principle. Neither is easy.” In our survey, more than a third (35%) of members told us contributions are between £1 and £20 per pupil per year, and an equal number said donations range between £21 and £50, while 10% said they range between £51 and £150. Jenny is concerned these requests place a WWW.ATL.ORG.UK
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disproportionately larger burden on poor families and increase the disadvantages for their children. “Our survey shows some children are not being allowed to go on trips, and that these children may not then have access to the resources they need, and this can also leave them feeling like an outsider, and even bullied,” she said. One member in our survey, a head of department at a secondary school, told us: “We have cancelled a trip linked to the curriculum because there was a lack of contributions, which meant there was a significant shortfall. We’ve also found that in the past four years or so, far fewer students come on ‘expensive’ trips.” Another member, a primary teacher, said: “When contributions aren’t made we always make a loss on trips or incoming theatre groups, and pressure is growing not to do them.” However, while most members (82%) said their school or college makes up the difference if a parent or carer cannot contribute towards trips related to the curriculum, only 30% said this is the case regarding costs of text or revision books,
and just 25% said schools make up the difference with stationery. Members also told us that parents and carers are often expected to make contributions in other forms, including fancy dress and charity days (87%), cake sales (78%), and tombolas and raffles (66%). Indeed, in October last year the Children’s Commission on Poverty published a report revealing that additional contributions rise as high as £800 per year once the cost of meals and uniforms are taken into account. At What Cost? Exposing the Impact of Poverty on School Life found millions of families are struggling with these hidden costs and concluded that, in many cases, schools, local authorities and the Government are not doing enough to make sure they receive a genuinely free education. Jenny concludes: “Of course economies have to be made, but books, basic sports and music equipment, IT updates and fixing leaky roofs are essential, and yet these are often the things cited along with requests for voluntary contributions. It shouldn’t be a tax, and that’s what it is – a tax parents are being asked to pay.”
JOIN THE DEBATE… report@atl.org.uk @ATLReport facebook.com/ ATLUnion
Report, ATL, 7 Northumberland Street, London WC2N 5RD
JANUARY 2015 | REPORT 23
16/12/2014 17:52
Jan 2015_Layout 1 05/12/2014 14:55 Page 1
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19/12/2014 16:42 19/12/2014 16:53
YOUR ATL… LEGAL GUIDE
Automatically unfair dismissals ATL solicitor, Jayne Phillips, explains what it means to be automatically unfairly dismissed IN AN ORDINARY unfair dismissal claim (such as dismissal because of misconduct), an employment tribunal must consider the reasonableness of the employer’s actions. However, in a number of situations this is irrelevant, and, if the tribunal finds it is the result of certain specified grounds, the dismissal is automatically considered unfair. In many such circumstances, the employee does not need to have the usual minimum two years’ qualifying service in order to be able to claim they have been automatically unfairly dismissed. This article is a brief summary of the situations when an employee is able to claim they have been automatically unfairly dismissed. However, often it can be difficult to prove the reasons set out below are indeed the reasons, or principal reasons, for the dismissal.
Pregnancy, maternity and other family entitlements It is automatically unfair to dismiss or select as redundant a female employee for a reason connected to her pregnancy or maternity. An employee who exercises rights in respect of adoption leave, parental leave or time off for dependants may be automatically unfairly dismissed if their employment is terminated as a result of them exercising one such right.
Flexible working It is automatically unfair to dismiss an employee because they have applied for flexible working under the statutory scheme, have exercised their right to be accompanied to a meeting relating to that request or have brought an employment tribunal claim under the flexible working regulations.
Part-time, fixed-term or agency workers It is automatically unfair to dismiss an employee because they have sought to exercise any of the rights contained in the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, including alleging that the employer is in WWW.ATL.ORG.UK
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breach of the regulations, bringing a claim in the tribunal or giving evidence to support a colleague’s claim. The same applies to employees on a fixed-term contract and agency workers under the Fixed-term Workers (Prevention of Less Favourable Treatment) Regulations 2002 and the Agency Workers Regulations 2010, respectively.
Dismissal for asserting a statutory right Employees have numerous rights under various different pieces of legislation. It is automatically unfair to dismiss an employee who alleges one of their statutory rights has been infringed or who brings proceedings to enforce such a right. Provided the complaint is made in good faith, it is irrelevant if the employee is incorrect in thinking one of their rights has been infringed.
Health and safety If an employee reasonably feels they are in serious and imminent danger, so either refuses to work or takes appropriate steps for selfprotection or to protect others, and is dismissed (or selected for redundancy) as a result, that dismissal will be automatically unfair.
Trade unions and representatives It is automatically unfair to dismiss an employee who has sought to exercise a number of rights in relation to union membership and certain union activities.
Disciplinary and grievance meetings An employee who is dismissed for either exercising their right to be accompanied or accompanying another employee to these meetings may be considered to have been automatically unfairly dismissed.
TUPE TUPE refers to ‘transfer of undertakings’, and protects employees’ rights when the organisation or service they work for transfers to a new employer. It is automatically unfair to dismiss an employee if the dismissal is due to the transfer of an undertaking. However, the
dismissed employee must still have at least two years’ service in order to be able to pursue this type of claim.
Whistleblowing In certain circumstances an employee will be automatically unfairly dismissed if they are dismissed because they have made a ‘protected disclosure’. The law in this area is technical. See Report, March 2014, page 22, for a full explanation (www.atl.org.uk/report). Other areas where a dismissal is automatically unfair are a dismissal for undertaking jury service and a dismissal for a reason related to a role as a trustee of an occupational pension scheme. Finally, if the reason for the dismissal is that the employee has one of the protected characteristics listed in the Equality Act 2010, they do not need to have the minimum two years’ service in order to pursue a claim, but the issue of the reasonableness of the dismissal will be considered. ATL will always seek to support members who find themselves in any of these positions. You should contact your rep or the London office if such situations arise, or if you have any concerns about unfair dismissal. See the contact details on page 21.
JANUARY 2015 | REPORT 25
16/12/2014 17:52
YOUR ATL… YOUR VIEWS
Letters STA R L E T T E R
denigrate – regardless of what attitudes or prejudices underpin their use. B Hayes, Greater Manchester
PROTECTION FOR ALL I read the ‘Mind your language’ article (Report, November/ December 2014) with interest, as Report chose the two issues of homophobia and racism as they this is an issue for staff, pupils are raised frequently by and students across education members. Of course, we are not sectors. I believe there is a advocating equality and respect danger that emphasis on for only those with the legally protected characteristics, as defined by the Equality Act 2010, designated protected characteristics, but for all. Any deflects us from the core issues policy should reiterate that all of language and interpersonal deserve respect and not merely relations. Is abusive language somehow less cruel because the be a reflection of the Equality Act. Bullying and insults on all target has a different accent, grounds occur out of the ginger hair or receives free teachers’ earshot, we know that. school meals? Are the words any less hurtful because they fall They occur in the playground, on the way home, on the internet outside the legally defined and outside of school. protected characteristics? Only by taking a Within education whole-school we should be approach and especially The author of this letter wins £100 tackling bullying cautious about in book tokens. If you want to voice and abusive producing your opinion on issues raised in Report language on all equality codes or any other aspect of education, please send a letter or email to the addresses grounds can based on below, including your phone we try to legally defined number. One letter will be eradicate this identities. chosen every issue to win and teach Absence from the the tokens. respect for all. code will surely imply a ‘non-identity’ - at best a SMART PHONE USE second-class status, at worst Your correspondent (‘Letters’, exclusion. In such circumstances Report, October 2014) says “first a boldly displayed and oftquoted totemic equality code will up, I’d ban mobile phones from the school premises”. This is an become akin to the prominently unfortunately common view. displayed cane or strap in the The opposite should be the case. classroom of 50 years ago. It will be feared and people will do their Not only are we supposed to be educating our children for the best to avoid coming into conflict future and not the past, but I with the code. put it to you that smartphones However, many – particularly have more educational potential those excluded from a quasithan any innovation since the legal statement – will come to printing press. despise rather than respect the A smartphone provides code. This will do nothing to curb rapid access to all the world’s abusive language; it will simply knowledge – and in one hand. move it out of teachers’ earshot. A smartphone provides We need to challenge spoken (and written) words that hurt and communications par excellence,
WIN!
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and communications form the bedrock of civilisation – indeed, the ability to communicate is strongly correlated with perceived intelligence and is a skill every school aims to enhance. A smartphone is such an incredibly versatile piece of kit that for many of us its usage is at least 99% unrelated to telephony. I could go on, but I conclude by pointing out that though the smartphone is fundamentally an ‘anytime, anywhere’ device, this generally, most regrettably and thanks to the neo-Luddite views of your correspondent, means any time or place except in a supposedly modern classroom. C Dawkins, Essex EVERYONE’S A CRITIC It’s not often I feel compelled to respond to an article but having left the teaching profession such a short time after completing my training, I wanted to add my thoughts on your report about Ofsted (Report, October 2014, page 9). I feel the problem facing many teachers is the constant scrutiny from peers, management and, of course, Ofsted. It is such a negative environment in which to work and teachers will be sent to an early grave if this working practice fails to change. Rather than continuing to have a system of criticism, would it not be in everyone’s interests to foster
JOIN THE DEBATE…
a more nurturing and encouraging system? If we live in fear of constant reprimand we will never deliver outstanding lessons and all too often leave out the fun or, indeed, basic elements that engage children in their learning. I had many reasons for leaving the profession but if the senior management and my mentor had been more encouraging I may have lasted longer. I know I had the potential to make a great teacher but I, like so many other teachers, was not prepared to put up with the stress. Schools have become such a stressful environment that I am concerned for the children we are there to care for. As a teacher, I was so stressed that I turned into someone I didn’t like. The only time I really got to know the children in my care was while on playground duty. While I agree with the sentiment of your article, I do not see any suggestion that we change the system to one of guidance and encouragement rather than judgement. This is not how we have been taught to teach the children so why should we treat other adults in this way? C Sabine, Berkshire ATL’s education manifesto calls for a local accountability system based on collaboration and support. For details, see www.atl.org.uk/manifesto.
report@atl.org.uk @ATLReport facebook.com/ATLUnion Report, ATL, 7 Northumberland Street, London WC2N 5RD
WWW.ATL.ORG.UK
17/12/2014 11:53
YOUR ATL… PRIZE CROSSWORD
WIN!
Prize crossword ACROSS 1 ‘Below zero’ – unusual clue for ‘very small’ (9) 8 Make comment regarding point awarded for correct answer (6) 9 Sibling, not right to disturb and worry (6) 12 Introducing information technology could help irritation (4) 13 Make changes to improve named alteration (5) 14 Work hard until 49? (4) 17 Weapon made by a boy, coming up 10 (7) 18 When to study extremes of age, perhaps? (7) 19 Real setback for Ophelia’s brother (7) 22 Deduce small number will see Dante work (7) 24 Has food in the cafe at school (4) 25 Suffers from pain, but teaches from 3 to 7 (5) 26 Reassembles cast, and performs (4) 29 Look out! We come back in naked! (6) 30 Connected to a computer when travelling by train? (6) 31 Frank had a meal – he’s taking an exam (9)
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A £50 Marks & Spencer voucher
DOWN 2 I was in charge of Middle Eastern country (4) 3 Met punk, messy and dishevelled (7) 4 I can’t be wrong to be part of Government! (7) 5 In school at Easter after the expected time (4) 6 Sandy is head in Sussex! (6) 7 Look! Short vacation in bed! (6) 10 Incredulity at awful fibs – lied about exam, initially (9) 11 Poly has EU scheme for theatre (9) 15 Unpleasant smell arising from woollies! (5) 16 Peasants, possibly roofless, and no loo! (5) 20 Cookery course? (6) 21 Achieve the desired result and take over the job from another (7) 22 Freezing, I tell someone off soundly (3-4) 23 Centre rebuilt, having happened not long ago (6) 27 Facts and statistics start downloading, and take ages (4) 28 Apartment that’s lost its sparkle? (4)
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HOW TO ENTER
Send your completed crossword with your contact details to: ATL January crossword competition, Think Publishing, The Pall Mall Deposit, 124-128 Barlby Road, London W10 6BL. Closing date: 6 February 2015 . If you have an ATL membership number, please include this here The winner of the January competition will be announced in the March issue of Report.
LAST MONTH’S SOLUTION ACROSS: 1 Masterpiece 9 Dignitary 10 Spire 11 Chapel 12 Stalwart 13 Lesson 15 Familiar 18 Teenager 19 Sartre 21 Dreaming 23 Pimple 26 Looks 27 Operation 28 Costa del Sol DOWN: 1 Medical 2 Sigma 3 Emile Zola 4 Peal 5 Egyptian 6 Easel 7 Cheater 8 Finalist 14 Skeleton 16 Inanimate 17 Reunions 18 Toddler 20 Eternal 22 Music 24 Pairs 25 Feta CONGRATULATIONS TO OCTOBER’S WINNER – GILLIAN CARR, HOVE
YOUR NEXT TEACHING JOB YOU HAVE OUR FULL ATTENTION Hays Education and ATL have a unique partnership to offer members the very best in career advice and job opportunities. Hays Education offers a personalised service to those looking for their next position and, with a national network of 40 offices, provides access to permanent and temporary jobs locally or further afield should relocating be an option. For more information email us at atl@hays.com or to find your nearest Hays office call 020 7259 8794.
hays.co.uk/jobs/atl
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10/12/2014 15:29
19/12/2014 16:44
YOUR ATL… NOTICEBOARD, GET INVOLVED
NOTICE BOARD Send My Friend The Send My Friend to School campaign is inviting UK pupils to step into the shoes of world leaders by asking them to imagine they are the ones making the crucial decisions at the UN General Assembly in September that will ensure every child finally gets the education that is their right. In the year 2000 world leaders promised every child would be in primary school by 2015, but 58 million children are still out of school and it is girls, children in conflict areas and children with disabilities who are missing out most. There has been some progress – millions of young people around the world have spoken out and 50 million more children have enrolled. Rwanda now has 99% of children in school and Vietnam has one teacher for every 19 primary students. However, other countries have a long way to go. At the current rate of progress it won’t be until 2086 that every child worldwide is in primary school. The free schools pack includes a DVD and poster, and there are more resources online – see www.sendmyfriend.org.
and you are vital to ATL’s continuing success in recruiting trainee teachers into membership. School Direct programmes will train in excess of 30% of all new teachers this academic year, and this is set to rise to 40% in 2015-16. If you’re an ATL member in one of the nearly 900 School Direct lead schools or in a school that has School Direct trainees, we are asking you to speak to your trainee colleagues and tell them about ATL. It’s free to join while they’re training, and if they are already a member of another union they can still join ATL. The more ATL members we have in your school, branch, and across the nation, the more influential we can be. And remember, the biggest reason people give for not joining a union is that they’ve never been asked. For more information about trainee teacher recruitment in your school email Duncan Woodhead at dwoodhead@atl.org.uk.
Maths golden hellos for FE
As a lasting memorial to the former ATL general secretary Peter Smith and his contribution to the work of the union, the Peter Smith scholarship offers financial assistance to ATL members who wish to return to full- or part-time study in areas that will help their professional and personal development. Last year’s awards included contributions towards the costs of a PhD in music education, and MAs in inclusive education and mathematics. For more details and to apply, see www.atl.org.uk/scholarships. You can also contact Bernadette Babayigit at bbabayigit@atl.org.uk for an application form. The closing date is 24 April 2015.
A ‘golden hello’ scheme is available for newly qualified teachers of maths, or teachers thinking about becoming a maths teacher, in FE. A payment of up to £7,500 is available if certain eligibility conditions are met, including that applicants hold a full FE teaching qualification enabling teaching GCSE maths, are employed in a teaching capacity by a publicly funded FE provider, teach maths GCSE for 50% or more of their timetable, and started their first qualified maths teaching post between 1 April 2014 and 30 Sept 2015. Completing a specialist special educational needs training programme may see the payment increased to £10,000. The scheme is being managed by the Education and Training Foundation. Full details are at www.gov.uk/government/ publications/mathematics-teachersgolden-hello-scheme. Further advice is available on 0300 330 1877 or via www. feadvice.org.uk/why-teach-fe-fundinginformation/fe-golden-hello-scheme.
Recruiting trainee teachers
Officer elections
The way our newest colleagues gain entry to the profession in England is changing rapidly,
The election process for ATL’s national officers opens in January for the posts of vice-president
Peter Smith scholarship
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and policy officer, who are elected by members. Details of the hustings for the post of vice-president are available at www.atl. org.uk/hustings, where members will be able to ask questions of the candidates and see their videos. For more about ATL’s national officers and the election process, see www. atl.org.uk/officers.
FE panel debates As part of our Shape Education campaign we are jointly running a series of events debating the issues facing the FE sector as we approach the general election. Each event will feature a panel discussion on a specific topic, with participation from an audience of FE stakeholders. The first seminar topic is ‘a qualified workforce’, and it takes place on 30 January at ATL’s office in London. See www. atl.org.uk/fedebates for more information.
GET INVOLVED
CPD session
ATL is working with Bilborough Sixth Form College in Nottingham to present an afternoon of high-quality CPD training on 25 February. Funded by Unionlearn, the workshops are free and open to all FE, secondary and sixth form staff in Nottinghamshire and Derbyshire. Trainers include Heather Meldrum, qualifications manager at AQA, trainer Paul Dix, and Leah Kirkman, author of best-selling guides Talk-less Teaching and Pimp Your Lesson! Workshop topics include challenging learners beyond GCSE maths, the literacy and GCSE science reform. For a list of workshops and to book, visit www.surveymonkey.com/r/ Bilboroughbooking or email Rebecca Poorhady at rpoorhady@atl.org.uk.
Best practice research ‘Best practice in grouping students’ is an ongoing research project funded by the Education Endowment Foundation and conducted by researchers at King’s College London. Led by Professor Becky Francis, it is investigating which methods of grouping secondary school students are most effective in improving their educational engagement and attainment, with particular attention to improving the performance of pupils from disadvantaged backgrounds. The research team is keen to recruit interested schools to participate. For information email john.barlow@kcl.ac.uk.
WWW.ATL.ORG.UK
16/12/2014 17:53
YOUR ATL… RESOURCES AND LEARNING ZONE
ATL RESOURCES Being a Rep newsletter
Working in the Independent Sector
All reps and contacts have been sent the latest edition of Being a Rep, which includes details of Ofsted’s mythbuster document, a detailed update on pay and conditions in schools, colleges and sixth forms, and the results of ATL’s own surveys into pay and conditions in the independent sector, in FE and of support staff. For health and safety reps there is a look at the issue causing most concern: stress. It examines the causes of stress in education (Ofsted and workload feature prominently) and what you can do to reduce stress in your workplace. Union learning reps can read about courses aimed at middle leaders, an exciting new collaboration in the Midlands and an unusual learning event at the Imperial War Museum.
While there are many universal issues in education, there are also significant differences between the independent and state-maintained sectors. Unlike the state sector, there are no national pay and conditions for teachers. There is no standard book of rules for teachers or support staff. Sometimes there isn’t even a written contract of employment. Pay and conditions vary enormously from school to school. The newly updated fourth edition Working in the Independent Sector handbook, free for ATL members, addresses these issues and difficulties. It is also a useful resource for ATL school reps, branch secretaries and regional officials. Being a rep
ELM magazine
Our termly newsletter for all workplace, health and safety and union learning reps
Independent Schools newsletter Members working in the independent sector can read all about November’s independent schools conference in the latest issue of Independent Schools newsletter. The conference featured a discussion of the secret recipe to make a good education, with other subjects covered including CPD, inspection and workload in the sector. The newsletter also contains a detailed examination of the findings of ATL’s annual independent sector survey into pay and conditions, which found school fees going up while salaries stagnate.
Spring 2015 Pay & conditions updates p2
Information & guidance p4
Factsheet focus p6
Getting involved p7
Health and safety news p8
You learn p10
Your training p12
ATL’s pressure on Ofsted ((Being a Rep Rep, Autumn 2014) bore some fruit last term as others, including media critics and think tanks such as Policy Exchange, joined the fray, leading the inspectorate to appear weaker and under more pressure than ever before. The autumn term saw the online publication by Ofsted of a memo setting out very clearly the extra work you and your colleagues are often expected to do but which Ofsted does NOT actually require. The document sets out a series of tasks that members have been told by their heads and leadership are required especially for Ofsted, and which Ofsted confirm they do not require. For example: • there is no requirement for individual lesson plans • there is no specified quantity of lesson observation expected in schools • there is no expectation for extensive written dialogue in exercise books. This ‘mythbuster’ memo came as a result of what members told us we needed to tell government about pressures they felt from Ofsted and was a direct outcome of ATL’s ‘Debate not Demand’ approach to negotiations at the highest level at the Department for Education and Ofsted. No strike action took place to secure this. Ofsted first aimed the memo at schools but has since issued a similar one for post-16 colleges. ATL sees no reason why these ‘clarifications’ cannot be used by members in all sectors inspected by Ofsted.. The memo is just two pages long and an essential read.
For more information: • You can download ‘Ofsted inspections – clarification for schools’ from the ATL website www.atl.org.uk/ofstedmemo.
What you can do: • Ensure all your members have seen a copy of the ‘mythbuster’. • Hold a meeting of members on the topic of the memo. • Discuss with other union reps how best to use this memo to facilitate a professional dialogue about workload and mitigating those pressures stemming from Ofsted. • Consider a joint members’ meeting with the other recognised unions at your school. • Report back to your branches about whether the memo has made a difference in your workplace.
ATL and our leadership members in AMiE want collaborative not compliant cultures in your workplaces. Confident, empowered workforces actively participating in whole school planning are important. The ability to exercise your professional judgement with confidence is essential for your pupils’ education. Overhauling inspection is a key part of ATL’s education manifesto and our ongoing campaign for Ofsted inspections to be replaced by profession-led, local systems of inspection and improvement. To find out more visit www.atl.org.uk/ofsted. The Government is listening to ATL on excessive workloads and we continue to press the case that current inspection practices are the ultimate root of unnecessary work and put pupils’ broad learning and development at risk as a consequence. See page 2, ‘Giving Government a workload headache’ for more on what ATL has secured from Government to help address workload issues and the current ineffective accountability system.
www.atl.org.uk
page one
All issues of ELM are available at www.amie. atl.org.uk.
LEARNING ZONE Promoting equality and tackling discrimination An inclusive and welcoming environment enables all young people to feel safe and able to achieve. This training day, run by EqualiTeach, a not-for-profit equality and diversity training organisation, provides practical tools to assist teachers to promote equality and tackle discrimination. By engaging with this training, schools can reduce prejudice-related incidents; improve behaviour and safety, and pupil attainment; and ensure they are meeting their legal duties to eliminate discrimination, promote equality and foster good relations. This course provides an opportunity for delegates
WWW.ATL.ORG.UK
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Making Britain’s broken workplaces better was the subject of the main article in December’s ELM magazine, which was sent to members of AMiE, ATL’s leadership section. Also included were an analysis of Ofsted’s consultation, a look at the future of FE and how to deal with the challenges of social media.
secures ‘mythbusting’ memo from Ofsted
CPD COURSES 2015
to raise concerns in a non-judgemental and supportive environment.
Course programme R R R R R
The Equality Act 2010, and Ofsted and ISI frameworks. Overcome barriers to promoting equality. Create inclusive classrooms. Practical techniques for promoting and encouraging equality in your workplace. How to recognise and respond to prejudice-related incidents.
Dates and locations 13 May 2015 – London 17 June 2015 – Manchester
For more about courses, and to book, go to www.atl.org.uk/learningzone JANUARY 2015 | REPORT 29
19/12/2014 15:06
FINAL WORD… SIAN LLOYD
Forecasting bright futures
Sian Lloyd is the UK’s longestserving female weather forecaster
IN OCTOBER I went back to visit my old school, Ysgol Gyfun Ystalyfera in Swansea, and it was a joyous experience, one of the most positive I’ve had for a long time. It left me feeling so inspired and fired up. I was taking part in Back to School Week, when thousands of alumni went back to their former state secondary schools and colleges to events to try to motivate current students and broaden their work horizons. It was amazing going back, quite emotional, and everything seemed so much smaller than I remembered. I met some amazing sixth formers in the drama studio and we talked about all sorts of things and asked each other lots of questions. My overwhelming message to them was to have the confidence to go out and take on the world and be
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part of the world. I’d sum it up with one word: ‘teamwork’. Life is all about taking part in a team and I hope that’s the message that got through. The pupils were already participating in drama, choirs, rugby teams; they already loved being part of a team. One big thing I was absolutely thrilled to see was how many of them were taking science, which is very different from my day. I graduated in arts and humanities then later I went on to do science, obviously with the weather, and it’s the science I’ve always been more proud of. One of my messages is that education doesn’t stop when you leave school, it carries on throughout life. I was also gratified to see many who wanted to be teachers. I got up on my soapbox because I come from a long line of teachers; both my parents were teachers and are now retired. For me, teaching is one of the ultimate jobs – the influencing of young minds, being inspiring, the giving of information. To be able to do that – how gratifying is that? I look back at some of the wonderful teachers I had at that school, and there is a real respect for teachers there. I think that’s why so many of the pupils wanted to go into teaching. I always say, if I were prime minister, I’d double or triple the salaries of teachers overnight because I don’t think they’re as respected in society as they should be. I think it’s really important the
state sector has this Back to School Week. We all know the advantages kids in private education have, and a lot of that is about the networking. One of the messages I was really keen to put out was that we who have come from the state sector should be really proud of our networking, and we should encourage it in the state sector, the way public school alumni do. Life is, to a certain degree, about networking. I would recommend anyone to go back to their school. There were people from the police and from charities talking about their work too. Everybody’s got something they can share and sharing skills and experiences, especially in this economic climate, is so important. Whatever I’ve achieved in life is down to my school; that’s what raised me and that’s where any skills I developed later in life began. My school made me the person I am and I’ll be forever grateful to it. The second annual Back to School Week took place from 13 to 17 October 2014. It is run by Future First, a national education charity working in 10% of British state secondary schools and colleges to harness the talents of former students and inspire current students to achieve academic success and career confidence. Sian is one of nearly 100,000 former state students registered with Future First to support the current generation at their old school. See www.futurefirst.org.uk for more information.
ILLUSTRATION : PHIL WRIGGLESWORTH
Meteorologist and TV presenter Sian Lloyd went back to her old school and came away inspired
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16/12/2014 17:53
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