Report March 2015

THE MAGAZINE FROM ATL, THE EDUCATION UNION

WWW.ATL.ORG.UK

MARCH 2015 £2.50

Tipping the scales ATL’s vision for accountability would see the balance of power shift away from inspectors and towards schools

GUIDE

PENSION CHANGES How changes to the TPS will affect you

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IN PROFILE

RISK & REWARD One school’s innovative approach to learning

FINAL WORD

WIDER READING Why we need more diversity in children’s fiction

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Contents UPFRONT

Y O U R AT L

4 UPDATE

21 USEFUL CONTACTS

ATL’s Shape Education campaign, support staff conferences and survey of student and newly qualified teachers

9 AGENDA

Mary Bousted wonders why the Government asked for teachers’ views on workload, then ignored them

How to get in touch with ATL

23 GUIDE

Changes to the Teachers’ Pension Scheme explained

LEGAL ADVICE

11 NORTHERN IRELAND

The complex process of claiming for constructive dismissal

Mark Langhammer and Philip Dixon on assessment and accountability

YOUR VIEWS

AND WALES

ATL members on profits and fairness

F E AT U R E S

12 OVERHAULING

Your chance to win a £50 M&S voucher

Report speaks to three leading figures about what accountability and inspection in England should look like

NOTICEBOARD

ACCOUNTABILITY

CROSSWORD

Information, events and opportunities to get involved

IN PROFILE

Headteacher David Taylor explains Stanley Park High’s innovative approach to the curriculum and learning

A UNIFORM PERSPECTIVE

One ATL member shares his views on school uniforms 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, Capital House, 25 Chapel Street, London NW1 5DH Tel 020 3771 7200 Email info@thinkpublishing.co.uk Senior sub editor Rachel Kurzfield Art director Darren Endicott Designer Alix Thomazi Advertising sales Michael Coulsey or Anthony Bennett 020 3771 7200 Account manager Kieran Paul Managing director Polly Arnold

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YOUR RESOURCES

Newsletters plus CPD for those working with students with dyslexia

FINAL WORD

Why we need more diverse characters in children’s books 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: Matt Murphy

Welcome MARK BAKER, NATIONAL PRESIDENT, ATL Are we there yet? Well, nearly – we’ll soon learn what the next Government has in store. But before then we have ATL's Annual Conference – a delight to be back in Liverpool. This year will be our opportunity to tell the policy-makers “we told you so”. We told them what would happen when everything’s thrown up in the air: an education service opened up to the worst excesses of an unregulated free market, exposed to greed and cronyism. We told them what would happen if they continually meddle with the exams system, if they don’t plan for school places or don’t retain or recruit the staff our schools and colleges need. However, in true ATL style, we offer solutions as well. How to provide a world-class education service for all, with a broad and balanced curriculum; what high-quality CPD looks like; how to motivate; how to assess; and, of course, how to inspect – properly! Conference is also a time to lay down our expectations. No longer a doneto profession but one that grows in confidence, works together and knows what needs to be done. This is amply demonstrated in this edition of Report with James Dawson’s article on making books appealing to all (p30), the hot topic of accountability (p12) and reallife examples of good practice at Stanley Park High (p16). If you can’t make it to Conference, follow events online at www.atl.org.uk/ conference2015, on Facebook and on Twitter using #ATLConf2015.

JOIN THE DEBATE…

report@atl.org.uk @ATLReport facebook.com/ATLUnion

Report, ATL, 7 Northumberland Street, London WC2N 5RD

06/03/2015 14:41

UPDATE

IN WORDS

“IT’S A SAD FACT TEACHERS, WHOSE PROFESSIONAL LIVES ARE SPENT SUPPORTING AND DEVELOPING LEARNING, ARE NOT SUPPORTED TO BE LEARNERS THEMSELVES”

Manifesto matters

and CPD (pictured), chaired by Richard Garner, The Independent’s education editor. Mr Weston said: “Teachers are in environments where they’re surrounded by fear and feel a lack of trust. I fear if we Professionalism, CPD, curriculum and assessment were the focus say everyone has to have ‘X’ in a series of debates on ATL’s education manifesto priorities amount of CPD, we’re going to get… more pressure. In February, ATL’s panel debate in the number of school leavers “I want to see a situation where London asked how curriculum who feel unprepared for working we reconceptualise professional and assessment should enable all life. On assessment, he said: development, we think of it as learners to achieve. “I don’t know of any job where working with each other, drawing Nansi Ellis, ATL assistant you are judged on your ability on that knowledge base, as a general secretary for policy, to regurgitate information in profession, together.” kicked off the discussion by timed exams.” Ms Dix stressed the necessity calling for a “national system Lee Card, deputy head at of CPD, which has a bad name underpinned by sustainability, Cherry Orchard Primary School in many schools because of coherence and flexibility”. in Worcester, defined the school poor INSET. “CPD is effective She said stability is currently curriculum as “everything that when the delivery is varied and undermined by “constant goes on in a school”, which personalised,” she said. “As a change” from Government policy, is distinct from the national teacher, you can feel very isolated while flexibility is needed in a curriculum. He advocated schools even though you’re surrounded constantly shifting world where maintaining their core aims and by people. If you have a problem… “probes land on comets and kings fitting national structures around it’s easy to put your head down are discovered under car parks”. them rather than vice versa. and manage it yourself; it’s very Giving an employer’s David Crossley, executive hard to say ‘I need help’.” perspective, Scott Young, skills director of the Whole Education Dr Bousted said: “It’s a sad fact and employment manager at the Network, echoed this, urging teachers, whose professional Thames Tideway Tunnel, cited schools to be more confident lives are spent supporting in their own beliefs and less and developing learning, are compliant with national not supported to be learners demands. He also said the design themselves. If you look at the of the curriculum, not delivery, is complexity of what teaching the most important factor. involves, it’s linked to research In January, David Weston, and evidence, to knowing about chief executive of the Teacher children’s development, to how Development Trust, and Ellie the brain works, to key concepts Dix, training director at Pivotal in your subject. You have to say, in Education, joined ATL’s general most cases, teachers don’t get the secretary Mary Bousted in CPD they need.” another ATL debate in London You can read more at www.atl. addressing professionalism org.uk/shapeeducationdebates.

IN BRIEF

CANDIDATES QUIZZED ATL members met prospective parliamentary candidates in Cambridge in February as part of ATL’s Shape Education campaign. The Green Party’s Rupert Read, Labour’s Daniel Zeichner and Liberal Democrat Lucy Nethsingha, who attended in place of Julian Huppert, presented their views before answering members’ questions. While they all agreed on the need for qualified teachers, Mr Read said the Green Party would replace Ofsted with a national council of educational excellence, Mr Zeichner said local authorities would commission schools under a Labour government, and Ms Nethsingha said a move away from targets is needed.

JOIN THE DEBATE… report@atl.org.uk @ATLReport facebook.com/ ATLUnion

Report, ATL, 7 Northumberland Street, London WC2N 5RD

MEMBERS RAISE MANIFESTO PRIORITIES An FE college, a secondary school and a primary school hosted meetings with politicians in the south west of England set up by members to discuss the themes of ATL’s education manifesto and highlight their concerns ahead of the election. As part of ATL’s Shape Education campaign, ATL member and school rep Debbie Saxton met Todd Foreman, Labour’s prospective parliamentary candidate for North East Somerset, at Norton Radstock College in December. 4 REPORT | MARCH 2015

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In January, Robert Buckland, the Conservative MP for South Swindon, visited St Joseph’s College in the town, where he heard ATL rep Clare Wiltshire’s and other members’ views about the school’s recent Ofsted inspection and effective CPD. In February, members from the region had an open discussion with Gary Streeter, Conservative MP for South West Devon, about their concerns, including the effect of changes to the curriculum on their workload. WWW.ATL.ORG.UK

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UPDATE

IN PIC TURES

‘Lightbulb’ moments dimmed by workload

PHOTO: PAULA DUCK

Almost three quarters (73%) of trainee and student and newly qualified teachers (NQTs) have considered leaving the profession, an ATL survey has found Workload was cited by most members as the reason they considered quitting teaching - 76% said it is too high. A quarter (26%) blamed an increasing expectation to take part in out-of-schoolhours activities. One NQT said: “I saw this as a vocation, a lifelong dream… now I can’t sleep, have no social life but still love ‘teaching’; it’s the rest of it that’s unbearable.” Thirty per cent cited ‘teacher bashing’ in the press and a lack of respect for the profession and 25% said they were fed up with attacks on teachers’ terms and conditions. Another quarter said challenging pupil behaviour was the reason they had considered leaving teaching. More than half (54%) said they did not think they would still be teaching in 10 years’ time. Another new teacher said: “Although there are wonderful ‘lightbulb’ moments, there are not usually enough of these to wipe out the downsides.”

Respondents said the changes that would most benefit their teaching would be more time to plan, prepare and assess (83%), less marking and assessment (71%), more freedom in how they teach (47%), and spending less time focused on exams and tests (46%). Mary Bousted, ATL general secretary, said: “New teachers, like their more experienced colleagues, are enthusiastic and caring professionals who want time to do their jobs well and have a reasonable worklife balance. It is incredibly sad to hear so many are already disillusioned so early on in their careers, but it is understandable given the pressure and stress of high workload. Unless the Government makes changes to address teachers’ workloads, we fear thousands of great teachers will leave the profession.” See page 7 for details of ATL’s response to the Government’s Workload Challenge.

Members at ATL’s support staff conferences

IN BRIEF

CONCERNING CONCLUSIONS ON ACADEMIES Two independent reports have revealed concerns about the academies programme and its financial oversight. In January, the Education Select Committee published a report that found no clear evidence academies raise standards overall. The same month, the National Audit Office’s review of the Department for Education’s (DfE) annual report and accounts for 2013-14 found errors and uncertainty over the finances of academies and free schools. ATL general secretary Mary Bousted responded: “This Government’s obsession with school structures has not transformed standards. Academy finances need to be clear to all. This is taxpayers’ money. The DfE has admitted the scale of academy conversions has meant it cannot audit academy spending properly. This situation is untenable.”

Supporting support staff More than a hundred support staff shared best practice, discussed concerns and benefited from CPD at ATL’s recent conferences specifically for members in support staff roles. After a welcome from ATL president Mark Baker, general secretary Mary Bousted told members at the events in York and London in early 2015: “ATL has always valued and taken seriously the contribution support staff make to education. We know the work of support staff is demanding, complex and, frequently, exhausting. Because we know this, ATL has become one of the few places where support staff can get excellent CPD, to support you to meet the challenges you face in your professional lives. “We need support staff to be paid properly for the work they do. Frankly, the education in our country could not manage without you – and I wish that was acknowledged more often and more generously, both by school leaders and by politicians.” She also outlined the work of ATL’s Support Staff Members Advisory Group (SSMAG), a committee that considers support staff concerns, including proposing motions for Annual Conference that put support staff issues at the heart of ATL’s policy-making. Members took part in CPD sessions on topics including mental health and SEN inclusion, before Q&A sessions led by ATL’s national official Peter Morris, chair of SSMAG Debbie Polwarth and ATL member adviser Mike Loates.

PROMOTING PROFESSIONALISM Teachers should have a contractual entitlement to personalised, relevant CPD that is part of a framework including initial teacher education and development of specialisms and leadership, ATL has told the Government. Responding to a Department for Education

WWW.ATL.ORG.UK

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consultation on developing the teaching profession in February, ATL said that teachers’ CPD should be built on their individual professional needs, as well as the needs of the school. ATL also highlighted the obstacle of teachers’ workloads to accessing good CPD,

and called for an urgent review of the current accountability system in England, which drives much of the excessive workload and leads to compliant, innovation-averse practice. You can see this and all ATL’s responses at www.atl.org.uk/responses.

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UPDATE

IN BRIEF

LGBT REPORT ATL’s lead equalities officer Wanda Wyporska was among LGBT activists and trade unionists who attended the parliamentary launch of Labour’s new report Ending Homophobia Together: Supporting LGBT Young People and Teachers in February. MPs Tristram Hunt, shadow education secretary, and Gloria De Piero, shadow equalities minister, spoke at the event. ATL’s recommendations for training by every ITE provider on homophobic, biphobic and transphobic bullying, as well as compulsory and inclusive SRE were included in the document. FIGHTING FGM ATL member Helen Porter and lead equalities officer Wanda Wyporska took part in an inter-ministerial event to mark International Day of Zero Tolerance to FGM in February. The event was attended by Jane Ellison, parliamentary undersecretary of state for health, and Lynne Featherstone, minister of state for crime prevention, and looked at developments over the past year and outlined the Government’s plans for the eradication of FGM. WWW.ATL.ORG.UK

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Government is ‘dodging issue’ Recently announced Government plans to take action on workload have failed to deal with its biggest causes, ATL is warning In February the Department for Education (DfE) unveiled its response to the Workload Challenge it launched last year, with the aim of reducing unnecessary work that prevents teachers from focusing on teaching and learning. More than 44,000 people responded. As a result, the DfE has said it will introduce a minimum lead-in time for significant accountability, curriculum and qualifications changes, and will not allow changes to qualifications during a course. Ofsted will not be allowed to make changes to the school inspection system or framework during the academic year, while workload is to be tracked through biannual surveys. ATL general secretary Mary Bousted said: “The Government has dodged the issue of tackling the problems caused by Ofsted and the unreliability of its inspections. Ofsted is the biggest single cause of teachers’ excessive workload, followed by tasks required by school leaders. These two causes are connected because Ofsted’s

judgements can make or break a school, and the variable quality of its inspectors means school leaders have no idea what they will demand to see. Leaders think they have to require teachers to produce mountains of duplicated evidence to ‘prove’ they are doing their job. “Teachers will feel bitterly disappointed the Government is doing nothing tangible to cut their workload. What was the point of asking teachers’ opinions if the Government was going to ignore their views?” However, Dr Bousted welcomed some of the Government’s plans. “Heads and leaders will welcome a more measured timeline for the introduction of new policies. We are pleased the Government is offering further support for school leaders, and a clear requirement that they have the skills to perform their important role effectively.” ATL joined other unions in writing to Nick Clegg and Nicky Morgan in February to raise their concerns about the Government’s response to the Workload Challenge. Read more on page 9.

Ofsted reforms require improvement Following a public consultation, Ofsted said in February it will bring in frequent, shorter inspections of good schools and FE/skills providers, and a common framework for all inspections. It said it would also inspect all non-association independent schools in the next three years. Mary Bousted, ATL general secretary, responded: “Ofsted has fallen short of the promise of radical reform of education inspection. It is right for education

providers to be held to account, but the proposed changes leave us some distance from the self-improving system required. “Continual change in inspection frameworks and guidance gives the impression that Ofsted does not know what it wants or how it should inspect, and it appears that it cannot find a methodology fit for purpose” See page 12 for more on accountability and ATL’s vision for inspection.

Pay rise pain Less than half of teachers received the one per cent cost-of-living pay increase recommended last term, an ATL survey has found. ATL contacted members in maintained schools and academies in England and Wales between October and December last year to see how performance-related pay was implemented from 1 September. The survey found 43.9% of members had received the one per cent increase, and that female teachers were less likely to receive the increase (39.3%) than men (59.8%). Just over one third (36.6%) of teachers on the main pay scale received the increase, compared with almost half of those on the upper pay scale (48.7%) and the leadership group (46.2%). There was little difference between maintained schools and academies in the percentages of teachers awarded the cost-of-living increase from September (43.7% in maintained schools and 45.3% in academies). Meanwhile, more than a quarter of respondents (26.7%) eligible for progression had not been told whether or not progression had been agreed. ATL senior policy adviser Simon Stokes said: “The differences between female and male teachers are particularly concerning as we know the average salaries of female teachers are lower than that of men. However, we are pleased that just over 80% of schools have retained the reference pay scales, and the figure is just under 80% for academies. The reference pay scale is an important tool as it helps ensure fairness in schools and reduces the need for schools to spend time developing their own scale. “In our recent submissions to the School Teachers’ Review Body, we have asked for reinstatement of the reference pay scale to the School Teachers’ Pay and Conditions Document.”

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AGENDA

NO EDUCATION SYSTEM can exceed the quality of its teachers. So it must be a matter of grave concern that the number of teachers quitting the profession has reached a 10-year high. Almost 50,000 left the classroom in a 12-month period in 2012-13 – which equates to around one in 12 full-time teachers leaving teaching each year. It does not take a rocket scientist to work out that wastage on this scale does no one any good. Valuable resources are wasted training teachers who, too quickly, decide that a lifetime in teaching is not for them. In a recent ATL survey, three quarters of trainee, student and newly qualified teachers said that they had already considered leaving the profession (see page 5). The main cause of this was workload – almost 80% said it was too high. The Workload Challenge, announced with some fanfare by Nick Clegg and Nicky Morgan, was the coalition Government’s big chance to do something to deal with this. ATL, alongside the other teacher and school leader unions, entered, in good faith, into months of negotiations with the coalition with the aim of reducing the workload burden. More than 44,000 teachers took the time, on top of a working week that averages nearly 60 hours, to respond to Nicky Morgan’s request to tell her what was driving their excessive, exhausting workload. Their responses were analysed, and further in-depth research was conducted in schools to identify the drivers for unnecessary and unsustainable workload. The Department for Education’s own analysis of teachers’ responses to the Workload Challenge showed the biggest driver for bureaucratic overwork is accountability. The second biggest driver for workload is school leaders’ demands on teachers. These two workload drivers are interconnected. Ofsted’s judgements can make or break a school and the variable quality of its inspectors means school leaders have no idea what they will demand to see. Leaders think they need teachers to produce mountains of duplicated evidence to ‘prove’ they are doing their job. WWW.ATL.ORG.UK

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A lost opportunity ATL general secretary Mary Bousted explains why the Government’s Workload Challenge will fail to achieve its goal

I’ve heard of teachers writing comments on four-year-olds’ work, even when they can’t read. Given the scale and extent of the workload problem, the solutions proposed by Morgan and Clegg are completely inadequate. They include: longer lead-in times for Government-imposed policies; training for teachers to make better use of data; Government encouragement for teachers to share lesson resources; revised training programmes for school leaders; and fewer changes to the Ofsted inspection framework. These proposals, while useful and welcome, completely fail to get to grips with the main cause of excessive workload, a cause identified by the Government in its own research findings. You know the cause – it is Ofsted.

JOIN THE DEBATE… report@atl.org.uk

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Ofsted has made an effort to respond to the Workload Challenge. The agency issued a ‘clarification for schools’ document, making it clear what inspectors do and do not expect to see when they go into schools. ATL members tell me, however, that this clarification has had little effect on workload, largely because school leaders do not trust different inspection teams to follow the guidance. For example, inspectors are still being overzealous in their search for ‘deep marking’ as evidence of effective teaching and learning. As long as these quality control problems exist within Ofsted, the requirement for teachers to evidence every aspect of their practice will continue unabated. Without some commitment to evaluate the effect of Ofsted on teacher workload and professionalism, plus the agency’s ability to inspect with reliability and validity, there will be no culture change and no reduction in workload. The Government has committed itself to a biannual survey of working hours. I predict now that working hours will not decrease. Fear of a poor inspection judgement will continue to drive unproductive busywork that does nothing to raise standards of teaching and learning – rather, it detracts from them. I have been completely clear throughout the workload talks that ATL is not interested in window dressing when it comes to this most serious issue. I have met too many teachers who are driven from the profession they love because of the ridiculous demands made upon them by an accountability regime that is no longer fit for purpose. Sir Michael Wilshaw told the Education Select Committee earlier this year he would welcome a review into Ofsted’s effectiveness. The weight of the critique against the agency is growing daily – with research, academic and professional concerns mounting. The coalition Government should have made use of the opportunity the Workload Challenge provided to announce a review of Ofsted – and in particular its effect on schools and teachers’ professional lives. This is an opportunity lost. MARCH 2015 | REPORT 9

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THE VIEW FROM… WALES/NORTHERN IRELAND

Wales

Northern Ireland

DR PHILIP DIXON

MARK LANGHAMMER

Accountability must go hand in hand with support

Taking action on accountability

ACCOUNTABILITY IS A two-way street. Schools and colleges should be open to scrutiny by a variety of stakeholders, not least the youngsters themselves. No professional fears such an examination to show the best teaching possible is on offer and the best use is being made of resources. But the reciprocation is that professionals are given support and time to learn. In Wales, our accountability regime has gone from being virtually non-existent to excessively overbearing almost overnight. We rightly got rid of SATs and league tables, but the Government did not put in the rigid

structure of moderation of teacher assessment that was recommended when those things disappeared. For almost 10 years we were almost completely in the dark as to what ‘good’ might look like. Now our schools are overwhelmed by an army of critics and a plethora of performance measures. Meanwhile, the needed support has been slow to materialise. There is one part of the jigsaw that has escaped this new-found scrutiny. The Department for Education and Skills was famously described by Leighton Andrews as “dysfunctional”. That judgement was pronounced more than four years ago but is still valid. Decisions are made and unmade, directions are abruptly changed and perverse outcomes are being generated as much as before. One of the elements of our accountability system that is comparatively respected is Estyn (just compare it with Ofsted). One Assembly Member recently called for Estyn to inspect the Department for Education. What a good idea!

WITH AN education budget for 2015-16 set at minus four per cent and an FE budget closer to minus seven per cent, Northern Ireland is set to witness bigger class sizes, higher pupil-teacher ratios, school closures, curriculum cuts, borrowing on the ‘never never’ to pay off redundant teachers and lecturers, and more intense work for those remaining. Surely something has to give? ATL is currently balloting for industrial action short of strike action across Northern Ireland for the second time in two years. Our existing action on key stage

industrial action focused on school accountability. We test, assess, drill and examine our young people like battery hens. Where money is tight, it is essential budgets focus on prioritising the classroom. If members vote for industrial action, it will seek to protect teaching and learning. It will not support aimless tracking, systems of micromanagement, the vast data collection associated with inspections and other bureaucracy with no educational purpose. If cuts have to happen, then let them fall in the right place.

“WE TEST, ASSESS, DRILL AND EXAMINE OUR YOUNG PEOPLE LIKE BATTERY HENS” assessment has held solid and is popular with teachers, if only as a means of sloughing off an ill-considered, educationally illiterate form of accountability. Our forthcoming ballot, focusing on the end of contractual incremental progression, the imposition of performance pay and on cuts that will impede teachers’ ability to do their jobs, will result in an

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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MARCH 2015 | REPORT 11

06/03/2015 14:41

SPOTLIGHT ON… A C C O U N TA B I L I T Y

verhauling accountability

AS ATL LAUNCHES ITS VISION FOR BETTER ACCOUNTABILITY, INCLUDING A NEW TYPE OF INSPECTION FOR ENGLAND’S SCHOOLS, REPORT ASKS THREE LEADING FIGURES WHAT ACCOUNTABILITY SHOULD LOOK LIKE // Mary Bousted, ATL

THE GENERAL SECRETARY OF ATL CALLS FOR SUPPORTIVE BUT CHALLENGING LOCAL INSPECTION AND A RECOGNITION THAT EDUCATION IS COMPLEX

Accountability should be trying to achieve better teaching and more effective learning in our schools and colleges in a way that raises standards of education in a sustainable way. I know, in some ways, education has been poorly served by ill-thoughtthrough policies, but when you consider the amount the country spends on education then schools and colleges need to be accountable to Government. However, we also need them to be accountable to parents, the community, the children and to employers. We believe you need to have a system where the schools and those working in the accountability system know each other well. For this to happen, it needs to be a local relationship based on professional respect but also appropriate challenge. If something is unacceptable then it needs to be clearly stated – but in a way that acknowledges education is complex. We need to wean ourselves off the idea that we can, in an uncomplicated way, assign a grade to a school; it needs to be a nuanced conversation. Parents need to know if there are problems in a school and what the school is doing about them. But parents can’t expect it to be perfect all the time; that’s not how a complex system like a school or college works. Local inspection would look at a range of factors because inspectors would know the school better. The evidence 12 REPORT | MARCH 2015

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shows variations in quality are much more common within schools than across them, so one overall judgement says very little about the complexity of teaching and learning in any one school. If something needs to be improved, the inspectors, being local, can work with that school for as long as it takes. That makes our system more rigorous in the right way. A school that is getting on fine and knows what its challenges are would have a very light-touch approach. More nuanced inspection would enable more innovation than presently exists as schools could explain their approach to knowledgeable inspectors. Data does have a role to play but it’s currently out of control, as shown by the response to the Workload Challenge, which shows the key drivers of workload are Ofsted, and data demanded by school leaders to satisfy what they believe Ofsted wants. Producing data takes teachers’ time, which could be better spent thinking about teaching. We need better data sources and a more nuanced understanding of how inspectors evaluate it. Recognising teacher quality is also a complex business. We know even trained observers’ ability to recognise an above or below average teacher, based on one lesson observation, is about 60%, just a

bit better than flipping a coin. Evaluating teaching requires multiple sources of evidence gained over time, and that is why inspectors need to be knowledgeable not only about teaching and learning but also about assessment of teaching and learning. This local inspection must not result in cosy relationships, so it would be moderated by national inspectors holding local inspectors to account. Away from inspection, league tables are too crude a measure. It’s important a school’s results are available to parents, but league tables mostly reflect how wealthy the children’s families are. At best, 17% of a child’s attainment is achieved through the school with the rest decided by societal factors. Parents’ ability to hold schools to account has been greatly diminished with fewer parent-governors at academies and free schools, where it is a very bureaucratic process to complain about them. When there are issues nationally, then of course they need to be discussed politically and by all education stakeholders, but again it needs to be a much more balanced conversation rather than news headlines based on limited data. We need to move away from the inspection megaphone to an inspection conversation. WWW.ATL.ORG.UK

06/03/2015 14:41

SPOTLIGHT ON… XXXX

// Sean Harford, Ofsted

ILLUSTRATION: MATT MURPHY

PHOTOS: SARAH TURTON

THE NATIONAL DIRECTOR FOR SCHOOLS AT OFSTED EXPLAINS HOW THE INSPECTORATE IS CHANGING FROM SEPTEMBER IN ORDER TO IMPROVE

An accountability framework should be transparent, understandable and able to give the right information for people to make decisions, particularly for parents choosing schools. The number-one constituency that schools need to be accountable to is parents and pupils. They also need to be accountable to Government because public money is going into education. The accountability framework has got to give parents information in a reasonably objective way so they have information to decide on a school. In terms of ways to judge schools, data is the signpost and not the destination. It’s helpful to have data on a school before you go in but it’s always slightly out of date. The data may look weak, but when you get into the school you may see good-quality teaching and leadership that knows how to put things right. It takes time for standards to rise. Talking to pupils, parents, governors, teachers, leaders; all that evidence needs to be triangulated. Inspectors’ experience is crucial; I can’t stress enough the desire to bring in more people currently involved in teaching. We’ve taken the number of Ofsted inspectors down from around 2,500 to 1,400, and ensured they have the WWW.ATL.ORG.UK

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right kind of background, that they are qualified teachers, have a suitable level of experience in school or management roles and that they have the skills to analyse data. It’s got to help relationships between schools and inspectors if serving practitioners are on inspection teams. It raises the sector’s confidence to know people who are day-in, day-out teachers are part of the system. Under our new framework, from September all good schools will be subject to short inspections: one HMI for one day for primary schools; two HMIs for one day for secondaries. We expect most will be told “you continue to do a good job, and we’ll be back in three years, and here are some things you might want to think about”. It’s less cliff edge, and that will reduce what people perceive as the pressure of inspection. The key to that model is professional dialogue between inspectors, senior leaders and staff. There has been debate about single Ofsted judgements. I believe the clarity that a single judgement brings is helpful; parents can understand what a good school is and what a school that requires improvement is.

While I recognise there is anxiety about inspection, there is a need for headteachers and senior staff to be confident leaders and follow their belief in education – not just doing things for Ofsted. If a school puts something in place that it sees as innovative and the outcomes from that clearly raise standards, that will be reflected in the judgements. Standards absolutely have to be raised and that should be one indicator of accountability working, and not just in terms of exam outcomes. It’s important the key messages about the state of education are made clear to the population. We accept not everyone will sit down and read our annual report, so you have to use media and social media as channels of communication. The important thing is that it links back to the evidence to tell the country what education is like in England. We don’t use league tables in terms of inspections; for some parents it will be useful, others less so. You might put it together with the Ofsted outcome, with what other parents say, and you may visit the school. It’s important information is 3 seen in the round. MARCH 2015 | REPORT 13

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SPOTLIGHT ON… A C C O U N TA B I L I T Y

// Jonathan Simons, Policy Exchange

THE HEAD OF EDUCATION AT THINK TANK POLICY EXCHANGE, BELIEVES GOVERNMENT ACCOUNTABILITY HAS MANY POSITIVES BUT OFSTED INSPECTION NEEDS TO BE SLIMMED DOWN

As a school you have accountability to your pupils via their parents, to your local community and up to central Government, which funds you. To date, top-down accountability from Government has been much stronger. However, a world in which schools are only accountable to their pupils and parents would be a profoundly unsatisfactory conclusion. Top-down accountability has many pros: it has raised standards and shone a light on the variants that exist in the system, although it hasn’t solved them particularly. Inevitably, highstakes accountability leads to perverse incentives and you have to mitigate this as much as possible, by trying to avoid cliff-edge judgements and maximise reliability of judgements. It’s a painstaking tweaking of every school measure we have, to make it work as well as possible. I like the idea of schools being held to account by parents choosing and switching between schools, but that hasn’t worked, because choice is constrained for parents, so this accountability lever is relatively weak. I am a fan of data, of league tables, of comparisons, but I recognise they have downsides. The issue about data is it doesn’t cover all the things you want to know in a school. I think if you’re a full-time inspector it doesn’t matter if you’ve been out of the classroom for a while as long as the mechanisms to recruit and the CPD are strong. Inspectors going into schools with no specialist knowledge of the subject or age group, however, is profoundly unsatisfactory. Our model is to radically slim down the number of people coming into the school, the time they are there, and the number of things they can look at and inspect. Those three things can all cause teachers stress. Our model is one inspector coming in for half a day with no remit to observe lessons, but to observe and validate a self-assessment the school makes. If the school self-assesses and Ofsted validates it with half a day to do so, that would force a position where the school WWW.ATL.ORG.UK

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is stronger than Ofsted. We say it should be much more like a hygiene inspector than a food critic – does everyone use the right chopping board, are surfaces mopped down? If so, we don’t care if you cook curry or French cuisine. A single judgement has validity because in a situation where parents are time-poor and non-expert, a fourpage report saying what elements are strengths and weaknesses is quite difficult to make a judgement on. The weakness of having a single grade is people start to count on them as valuable. Ofsted must realise it needs to be held accountable in the same way it expects schools to be accountable. An inspection where the result depends on who turns up at the door is unsatisfactory. People are sceptical about double inspections but I think it’s a good thing, because at the moment we don’t have any data on reliability. What’s good about league tables is they provide a way to compare institutions; I think that is invaluable for parents choosing schools. Parents value how well a school is doing academically. Some will weigh that up with other factors, such as location or faith. There is no doubt that league tables have driven up standards through competition, but they do have limits. They are less nuanced than Ofsted judgements, with the work that has gone into each pupil not reflected in the league tables. Schools do brilliant things to engage their community, be it parent days or PTA meetings, extending the hours of the school or adult education. Once you’ve got parents in the community involved, that, in a much more soft and friendly way, is practical accountability because you’ve got the community together. Ultimately, in a system where kids only get one chance at an education you have to be fairly blunt about saying it’s not okay to have schools bumping along for a long period of time, just hoping they’ll get better. n See www.atlspeakout.com/tag/ accountability for blogs by key figures on accountability.

ATL’S VISION Ofsted is not working. There is diminishing support for its national system of inspection, with critiques of current inspection practice coming from across the political spectrum. ATL believes there must be a paradigm shift in the inspection and improvement of schools. Without change, children will not get the most from teachers. ATL’s vision sets out a model for local systems of inspection and improvement based on collaboration, driving the spread of good practice and led by partnerships of professionals, with a new role for a national agency. At the heart of the process would be professional dialogue with external evaluators, led by relevant school staff assessing strengths, weaknesses, data sources and external contexts, before considering how to address – and support – improvement. To read the full vision, visit www.atl.org.uk/ visionforinspection

MARCH 2015 | REPORT 15

06/03/2015 14:41

Risk & reward

PHOTOGRAPHY: IAN BUSWELL

Charlotte Tamvakis speaks to headteacher David Taylor about Stanley Park High’s innovative approach to learning ON THE WALL outside David Taylor’s office is a frame containing a scribble-covered napkin. “This is where it all began. Those were my notes during our visit to Hellerup School in Denmark,” explains the headteacher at Stanley Park High in south west London. They are his first thoughts on how the school, which reopened in 2012 in a new building on a new site, would work. The first thing you notice at Stanley Park High is the vast central atrium, onto which many classrooms have windows. Glass doors open onto a series of large classrooms on the ground floor, each with space for around 70 students, where the school’s Years 7 and 8 pupils spend much of their time. The redesign came about after Sutton, a London borough with some of the highest-performing schools in the country, was asked to nominate one school for the previous Government’s Building Schools for the Future programme, on the proviso it was innovative. Stanley Park High, then based in a cramped, old building, and with some of the highest deprivation in the borough, was selected in 2006. “We went to Denmark, the States, Iceland, and had a look around this country. But the Danish school dominated our thinking because it was so far removed from what we were operating with,” David explains. “The first time you went into Hellerup, you noticed there were no walls – just open-plan classrooms. There didn’t appear to be any teachers – you just saw kids lying everywhere. But you had to contrast that with the kids, who were articulate in three or four languages, and were happy, confident and well presented.” While Hellerup inspired the design, another key feature at Stanley Park is its ‘schools within 16 REPORT | MARCH 2015

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schools’ model, which was borrowed from Bishops Park College in Clacton. “We saw the small schools there, and the importance of relationships being practically operated. There are seven outcomes we want our students to achieve and binding it all together is the notion of relationships. The stress on relationships is both to build confidence - social and emotional development - and capacity intellectual development and curiosity - in a safe context,” David says. “We support Human Scale Education, where there’s a limit on how many kids teachers see each week if learning is to be maximised. We set up the entire school structure and procedures to make sure relationships are maximised.” Students at Stanley Park belong to one of four schools; one coordinates support for those with special educational needs; the other three have equal numbers of girls and boys and similar ability profiles. Students are not placed in a school because they have a particular ability or talent. “Four small schools mean the heads of those schools only need to get to know 350 kids – 70 in each of the five year groups, plus a few post16s. Every child is known – there isn’t a chance of a child not being known – because it’s all so visible. What chance does the head of an average secondary school have of getting to know 1,100 kids?” David knows, because, after studying PE and maths teaching, and a first job at the International School of London, where he ended up teaching geography, he became teacher in charge of geography at Ingram Boys’ School in Selhurst, Croydon. “Shortly after I got the job, the school was one of the first to go into special measures, deservedly. Basically, you got promoted if you were still there on a Monday

morning. Relatively quickly, I worked my way up to acting deputy, then came to Stanley Park as deputy head in 1999, and was appointed head in 2005.” It’s not just Stanley Park’s design and structure that are different; it is also its approach to the curriculum. “Most schools have 14-plus subjects, and, if they operate a two-week timetable, it’s not uncommon, with split classes, for Year 7 students to see 18 different teachers,” he explains. “How is it possible for a child to move from one teacher in Year 6 to 18 in Year 7? It’s madness. “We had to have some sort of themed curriculum, which combined subjects. The easiest solution was something like integrated humanities, but then why stick to humanities? We looked at off-the-shelf models, and then realised we had to develop our own. So Excellent Futures Curriculum (EFC) was formed.” EFC teachers design projects around a leading question they work on for seven weeks, exploring geography, history, business studies, drama, religious studies, ICT and other subjects. Students have 12 lessons a week in Year 7, and eight in Year 8, with separate lessons for English, maths, science, PE, Spanish and music. “In the early stages, we probably paid too much attention to subjects, saying, for example, ‘this half term we’re going to join geography and technology’, and making sure each foundation subject got its fair share. We never covered all the national curriculum, but we made sure it was there,” David says. “We’ve moved further from that now. We still know what subject content we’re covering, but have I looked at the national curriculum and seen what’s missing? No. The teachers teach things that excite them, that excite the kids, and they emphasise the skills - the

Find out more about Stanley Park High and other schools’ innovative approaches to the curriculum through new case studies available from April at ATL’s curriculum website: acurriculum thatcounts.org.uk

WWW.ATL.ORG.UK

06/03/2015 14:41

IN PROFILE… DAVID TAYLOR

David Taylor in Stanley Park High’s atrium

“HOW IS IT POSSIBLE FOR A CHILD TO MOVE FROM ONE TEACHER IN YEAR 6 TO 18 IN YEAR 7? IT’S MADNESS” Government calls them ‘soft skills’ the competencies students want to achieve.” During a tour of the school, we see students working in small groups in the atrium and drop in on a couple of EFC classes. The first is a project to create a new drink; the second is on democracy - students are discussing footage of Gordon Brown during a pre-election TV debate. David points out students’ work, showing the importance of self-review and peer mentoring. We then take in the mechanics workshop – complete with cars – and a large art room being shared by sixth formers and Year 10 students. David explains: “EFC lead practitioners and teachers can take risks; there isn’t a blame culture. If you want to, try seven weeks on a particular topic with Year 7. If it goes incredibly well, fantastic; if it goes less well, okay, try and improve it or do something different next time.” What about Years 9 to 11? “Unfortunately, with assessment, the tail does wag the dog. The honest answer is there is an emphasis on traditional subjects because of the exams, but, because we’ve moved the ‘REAL’ - rigorous, engaging, WWW.ATL.ORG.UK

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authentic learning - aspect of EFC beyond Years 7 and 8 through Year 9 ‘taster options’, and because our EFC teachers typically teach something else, EFC practices are transported into other areas of teaching.” Parents are “fantastically supportive”, says David, but there were challenges to start with. “Teachers felt, in the early days, they were being dumbed down delivering EFC, and that other schools wouldn’t like it. While I understood this view, the pedagogy that’s going in, in my view, gives them the opportunity to be far, far better teachers. And they are.” Recruitment can also be a problem. “We sit in an outer London borough so don’t get inner London weighting [to increase salaries]. You’ve then got the teacher recruitment crisis, and the fact teachers are trained in subjects, so how do you explain EFC and recruit staff to that? It can also be a bit isolating,” David says. “We’re flying against the wind because we’re doing lots of things I suppose don’t get the recognition they deserve. “While the Government says it doesn’t matter, it’s all about standards, some of our approaches don’t fit with a lot of the language coming out of the Department for Education. We take solace in some of our international links.” The school is twinned with Hellerup and has hosted visits from Northern Beaches Christian School in Sydney and High

Tech High in San Diego, among a list of other international connections. Next, the school is eschewing traditional parents’ evenings in Years 7 and 8. “At a parents’ evening at my son’s primary, they were only five and they were being grouped. My child was in the Mars Bars and the top group was the Smarties. How crass is that? Then, with my other son at secondary school, the teacher said he was a fantastic, incredibly talented student who worked hard, and I’m thinking ‘eh?’, and eventually the teacher said: ‘Yes, Oliver’s really good’ – except my son’s name is James! I thought there had to be a better way. We came across student-led conferences, where the child is at the centre and leads it with interaction from the parent and the tutor.” What does he think about the current education landscape? “Most schools feel obliged to follow what comes down from on high, because the accountability stakes are so challenging, and the outcome is horrendous - you’re looking at Ofsted and forced academisation. In this context, Stanley Park has been given a bit of a golden ticket in that we’ve been charged with being innovative. “In this country, there’s also a mentality now that, if kids fail, it’s always the school’s and teachers’ fault. I’m not saying the school shouldn’t do everything in its power, but there are some students who haven’t done enough to pass, and them not passing is of benefit to everyone, particularly the child. It develops their resilience; their ability to go again. Yet the system frowns on it, saying: ‘That child can’t fail – they’ve got to get a ‘C’, and, if they don’t, it’s the school’s fault.’ That’s so wrong. “It’s time to trust schools to get on and do the job. Don’t impose a system on the majority that’s not good for the long-term benefit of the kids, communities or the nation. It’s ironic; all these academy freedoms have been granted, yet I believe that, of schools that have converted, the majority do exactly what the Government tells them. Stanley Park, which is not an academy, does what is right for its students and its community.” MARCH 2015 | REPORT 17

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05/03/2015 11:17

JOIN THE DEBATE… SCHOOL UNIFORMS

A uniform perspective

ILLUSTRATION: IMAGESOURCE

ATL member and former primary teacher Steve Devrell shares his views on the issue of school uniforms THE NEED to wear an identifiable and strict uniform seems to be one of the prerequisites of a successful school these days. Last year, 200 pupils at a secondary school in Bradford were sent home for breaching the school’s uniform code, sparking fury among some parents. Hanson Academy principal Elizabeth Churton was unrepentant – she claimed she gave parents ample and clear warning on the subject of school uniform, which she said was a fundamental requirement in the operation to turn the school around. In many ways, this appears to be a return to the more authoritarian approach to education. But Ms Churton is not alone in her campaign to enforce a strict uniform. The idea seems to be a compulsory starting point for many schools, especially those struggling to exit special measures or eager to establish an identity under their new academy status. The majority of countries around the world do not insist on school uniforms. At the last count there were just 41 countries that had a designated school uniform programme and, of those, many were countries that had some dealings with, or had been influenced by, British Victorian imperialism. My own schooldays were blighted by the demands of a bizarre school uniform policy. We had to wear a school cap and short trousers until we were 16. If we did not comply, we were not sent home, but given the cane. This proved a far more effective deterrent. In spite of this, I fully endorse Ms Churton’s stance. During my 35 years of teaching, I have come to the conclusion a strict uniform policy is a most desirable requirement in running a fair and effective school. The first and most used argument is the uniform prevents competition and fashion stigmas among students. This of course is true, but there are even more important arguments in WWW.ATL.ORG.UK

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favour. We seem to be in a world now where working people, particularly in occupations that deal directly with the general public, wear some kind of uniform or visible identification. Consequently, wearing a uniform extends into adult life, so it is not such an unreasonable requirement. It is also a security function, as it quickly identifies students and highlights unwelcome intruders on the premises. Having a school uniform also helps parents because they know exactly what their child should be wearing in the morning, alleviating any indecision. In my experience, parents dread non-uniform days because it becomes a battle for busy parents to send their children to school in something deemed appropriate or practical. Even so, I have seen infants sent to school in totally unsuitable outfits. If this was a daily occurrence then life for busy families would become very tedious. There is an argument that imposing a school uniform takes away a child’s individuality. But if we lived in a society without structure or rules, its very fabric would quickly break down. Let’s also put into perspective the actual time spent in

school uniform. Throughout the year students spend a meagre 1,200 hours or so in school, out of a total of 9,000. Surely this allows enough time to demonstrate one’s individuality? Above all else, the adoption of a school uniform should give a school an identity. It is something children should be proud to wear. I know this is perhaps a difficult concept for a teenager to grasp, but it is a key necessity for a successful school community. Children demonstrate incredible loyalty to football teams, pop stars and TV programmes. In the same way, a good school promotes a loyalty that is outwardly displayed in its uniform. It is the brand of that school and children should be proud to wear it. You would not expect Wayne Rooney to turn up to play for Manchester United in a blue shirt because he doesn’t like wearing red. When students start a new school, they and their parents agree a contract promoting the values of the school, and this includes the uniform and prohibited items that could prove unsuitable or dangerous if worn in school. Some comments from parents at Hanson Academy employed the old chestnut, “it’s in the wash, I sent a note!”; that isn’t good enough. On other occasions students turned up with black trainers rather than black shoes; again not good enough. Ms Churton made the uniform requirements quite specific and gave parents adequate time for its implementation. Indeed, 92% got it right. Surely the dissatisfaction of the minority should not deflect from the school’s reasonable requirements and objectives?

JOIN THE DEBATE…

report@atl.org.uk @ATLReport facebook.com/ATLUnion

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YOUR ATL… CONTENTS AND CONTACTS

Your ATL EXPERT ADVICE, TEACHING TOOLS, MEMBER BENEFITS – AND YOUR RIGHT TO REPLY

IN THIS SECTION

GUIDE

ATL advice on changes to the Teachers’ Pension Scheme

LEGAL ADVICE

ATL solicitor Sharon Liburd on claiming constructive dismissal

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USEFUL CONTACTS

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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

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GUIDE

Changes to the TPS ATL policy adviser Usman Gbajabiamila outlines upcoming changes to the Teachers’ Pension Scheme and how they affect existing members and new entrants alike ON 1 APRIL 2015 the Teachers’ Pension Scheme (TPS)in England, Wales, Northern Ireland and Scotland is changing. It will become both a final salary scheme and a career average revalued earnings (CARE) scheme. Some members will see no change, others will have benefits in both schemes and new entrants from 1 April 2015 will only have benefits in the CARE scheme. The first step to understanding the changes is determining in which camp you fall.

Protected members If you were an active member on or before 1 April 2012 and within 10 years of your normal pension age (NPA) on that date, you are a protected member. In other words, your retirement age is 60 and you were 50 or over on 1 April 2012. Similarly, you are a protected member if your retirement age is 65 and you were 55 or over on 1 April 2012. You will remain in the final salary scheme and continue to accumulate a pension in that scheme after 1 April 2015. Your retirement age remains 60 or 65, depending on when you joined the TPS. You will remain a protected member as long as you do not have a continuous break of more than five years.

Tapered members You are a tapered member if you were an active member of the TPS on or before 1 April 2012 and you were more than 10 but fewer than 13.5 years from your NPA on that date. On 1 April 2015, you will remain in the final salary scheme and then move into the CARE scheme at a later date. See www. teacherspensions.co.uk/reform/ members/at-a-glance.aspx to find out your transition date. You will remain a tapered member as long as you do not have a continuous break of more than five years. WWW.ATL.ORG.UK

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Transition members If you were more than 13.5 years from your NPA on 1 April 2012, you will enter the CARE scheme on 1 April 2015 and you are a transition member.

New entrants If you join the TPS for the first time on or after 1 April 2015, you will automatically join the CARE scheme.

Retired members If you are a retired member or have left the TPS (deferred) you will only be affected by the changes if you return to pensionable service.

Pension age Tapered and transition members will have benefits in both final salary and CARE schemes. You will be able to take final salary benefits at 60 or 65, depending on when you joined the TPS. CARE benefits earned become payable at your NPA, which is equal to your state pension age, or SPA (65 or higher). You are still able to claim CARE benefits before your NPA, but if you do your CARE benefits will be reduced. You will also have the option of claiming final salary benefits at 60 or 65, depending on when you joined the TPS, and then claiming CARE benefits when you reach your NPA under CARE. New entrants will only have CARE benefits. Your NPA will be 65 or your SPA, if higher. To work out your SPA, visit www.gov.uk/calculate-state-pension.

Benefits If you are a protected member, your final salary scheme benefits remain unchanged and you will continue to accumulate a pension, with no change in the way your pension is calculated at retirement. Tapered and transition members will have benefits in both final salary and CARE schemes. Benefits built up in the final salary scheme will be protected

and remain. At retirement, your pension will be made up of final salary plus CARE and your final salary benefits will be calculated using the salary you earn at retirement rather than your salary when you joined the CARE scheme. This final salary link means you will still benefit from any growth in your salary at retirement. To maintain the final salary link, you must not have a continuous break in service of more than five years. A new entrant will only have benefits in the CARE scheme. There is no final salary pension payable and benefits at retirement will be calculated under the CARE arrangements.

CARE benefit calculation CARE scheme benefits are based on earnings each year. Each year you earn a pension pot based on 1/57th of your earnings, including overtime. Each year in the scheme, your pension pots will be increased by inflation (CPI) plus 1.6%. At retirement, all your pots are added together to form your pension.

Contribution rates The average contribution rate from 1 April 2015 will be 9.6%, based on actual pensionable earnings. Part-time teachers will contribute based on their pensionable earnings rather than the full-time equivalent salary. To find out your contribution rate, see www.atl. org.uk/pensions. It is the same for all categories of membership. Your employer will also contribute.

Further information All members will continue to receive a good quality pension and an excellent range of benefits. For more about these, the changes and case studies, see ATL’s pension factsheets at www.atl.org.uk/ pensionfactsheets. For further help and advice contact ATL’s pension team at info@atl.org.uk or on 020 7782 1600. MARCH 2015 | REPORT 23

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YOUR ATL… LEGAL GUIDE

Constructive dismissal

Claiming for constructive dismissal is complex and procedures must be followed, explains ATL solicitor Sharon Liburd CONSTRUCTIVE DISMISSAL takes place when an employee resigns as a result of an employer’s fundamental breach of contract. Cases are often based on the conduct of another employee (eg a line manager), but employers are vicariously liable for the actions of employees that occur in the course of employment. Proving constructive dismissal can be difficult, so while the decision to resign is ultimately the employee’s, members contemplating a claim are strongly advised to contact ATL before resigning. As a starting point, the employee must have been employed for at least two years by the date on which the employment terminated. The Acas early conciliation process must be invoked no later than three months, less one day, from this date, regardless of whether or not any grievance or complaint is still outstanding (see ‘Tribunal changes’, Report, April 2014, or www.atl.org.uk/ aprilreport?page=25). Acas has a month to settle the case, with the option to extend the period by 14 days. If a settlement has not been concluded, Acas issues an early conciliation certificate and the employee has a month to claim constructive dismissal in an employment tribunal. The key factors involved in constructive dismissal claims are as follows:

The employer must have fundamentally breached the contract The tribunal must be persuaded the behaviour complained of amounted to a fundamental breach of contract, having regard to documentary evidence, witness statements and after hearing witnesses being crossexamined. It is not sufficient to show you were treated unreasonably. Where the contract permits the employer to unilaterally change terms, such as duties, pay and workplace, their imposition is unlikely to amount to a fundamental breach. One act can amount to a breach of contract if it is serious enough. A series of acts/ incidents together can also amount to a breach – common in bullying or harassment WWW.ATL.ORG.UK

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cases. Examples of fundamental breaches include: cutting pay and increasing duties where the contract does not expressly permit it; paying half sick pay when the contract entitles the employee to full sick pay; and publicly reprimanding an employee but not allowing him/her the chance to respond.

The resignation must be in response to the breach The employee must show the behaviour complained of contributed to the decision to resign, but it need not be the main reason. In Wright v North Ayrshire Council, the employee resigned both because she was treated badly and because of her caring responsibilities. The tribunal ruled the main cause was irrelevant. However, if the employer’s behaviour is not the main reason for resignation, compensation will be reduced to reflect the likelihood of the employee resigning anyway.

Resigning promptly Once the employer has committed a fundamental breach, the employee must resign fairly promptly, since delay may be deemed by the tribunal as acceptance of the employer’s conduct – this is known as ‘affirming’ the contract or ‘waiving the breach’. The amount of delay depends on the circumstances of each case. Complaining in writing about unacceptable behaviour

while continuing to work normally may be insufficient to defend the proposition that the contract has been affirmed. However, taking out a grievance, during which the employer has an opportunity to rectify matters, and awaiting the result, may be sufficient. Delays in resigning often occur because an employee is on sick leave as a result of the employer’s conduct. Nevertheless, it is best not to wait too long. In Colomar Mari v Reuters, an employee resigned after being on sick leave for 19 months; the tribunal rejected the assertion that she had been too ill to resign earlier and dismissed the claim. The employee should make clear in writing that their resignation is a result of the fundamental breach of contract and not for any other reason, and that they regard themselves as having been constructively dismissed. ATL members are advised to keep a chronological, written record of all incidents and efforts to have concerns addressed. Constructive dismissal claims are notoriously difficult. Colleagues may be unwilling to give evidence. Compensation is based on financial loss, the median award being around £5,000. There is no right to receive compensation in respect of the manner of treatment or for damage to health. Members are advised to contact ATL for advice promptly using the details on page 21. MARCH 2015 | REPORT 25

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YOUR ATL… YOUR VIEWS

Letters WIN!

JOIN THE DEBATE… 26 REPORT | MARCH 2015

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report@atl.org.uk @ATLReport facebook.com/ATLUnion Report, ATL, 7 Northumberland Street, London WC2N 5RD

AN UNBALANCED EQUATION Four weddings and a funeral, vomiting and diarrhoea, sore throats, headaches, washing machines being delivered my beloved colleagues have many reasons to take time off work. I was a sociology lecturer for 20 years and I now care for special needs students in a large academy. I am lucky. I am healthy. My only funeral was my father’s. My sons are not married. Apart from their births and maternity leave, I have not had to ask for time off. But last week I asked the head for an unpaid day off to attend a music course of my own choice (I need to learn how to perfect blowing my own trumpet!).

understanding, empathy and sympathy were offered immediately, with a promise of follow-up next week. I just hope the head will find a heart/ common sense. Name withheld SUPPLY TEACHING TIP In reply to a letter on your letters page, I would like to tell other supply teachers it is often better to contact schools directly before

“FOR-PROFIT SCHOOLS WOULD BE A SIGNIFICANT CHANGE FOR BRITISH EDUCATION AND ARE NOT A MAGIC CURE. BUT LET’S NOT ASSUME THAT PROFIT IS ESSENTIALLY IMMORAL” Shock horror, the reply was “No”; it is not school policy. “But”, I stammered, “I go on school trips, I am a first aider, I come in early and turn the lights on, I give my heart and soul to education,” and so on. “Going the extra mile does not come into the equation,” was the cold-hearted reply. What is the world of education coming to? As I am an ATL rep, I consulted myself, weeping with disappointment. Does honesty count for nothing? I referred myself to the London office. Thank goodness for the union -

going with an agency to see what supply work they have available. I have recently done this and schools are often pleased to have people who know, and have worked in, their local area. I have been offered a lot of work already, just by phoning or emailing schools. I’m being paid at my proper rate, and can still pay into the Teachers’ Pension Scheme, which you can’t with agencies. I suggest trying this before going with an agency. Alison Hodgson, Nottingham

PHOTOGRAPHY: GETTY

but it is foolish to paint the desire to make a profit as if it were one of society’s ills. Rick Muir’s claim IN IT FOR THE MONEY that the private sector is one Regarding the Report article The “where people serve their own Money Motive (January 2015), I interests” would be laughed out work with a group of dedicated of many a business studies educationalists who do not class, never mind a boardroom reinvest the money they or a shop floor. A company that make back into education. does not serve the interests of Instead some of them its potential customers will soon spend some of the proceeds on have no customers at all. private cars or holidays abroad; It is thus ridiculous to others spend it on their portray the many children or parents of our their weekly The author of this letter wins pupils who work shopping. The £100 in book tokens. If you want to in business and organisation in voice your opinion on issues raised in retail as question is Report or any other aspect of education, please send a letter or email to essentially my school’s the addresses below, including selfish. My staffroom, and your phone number. One letter parents owned the profit they will be chosen every issue to a small pharmacy make is called win the tokens. where they helped their salary. patients, registered Many things drug addicts, expectant mothers motivate us as teachers – and the elderly every day of including the learning of our their working lives. They also pupils and, often, the welfare of sold them a range of products society as a whole. But we are at fair prices to help pay for also trying to provide for our my upbringing. families and our own For-profit schools would be a retirements. As we gain significant change for British experience or take on education and are not a magic responsibility, we do not cure. But let’s not assume that consider it unreasonable to earn profit is essentially immoral. more to reward us for We are hardly equipping the increased expertise and/or pupils for a world of enterprise time that we bring to our jobs. and entrepreneurism if we And at the end of the week, we are entitled to take home money confuse profit with profiteering and hypocritically act as if for ourselves, as well as books private money is automatically to mark. dirty money. The debate about profitName supplied making in schools is complex, STA R L E T T E R

WWW.ATL.ORG.UK

06/03/2015 14:41

YOUR ATL… PRIZE CROSSWORD

Prize crossword ACROSS 1 and 9 He doesn’t have the top job in school, but pay the dude anyhow! (6,4) 4 Agitated postmaster tore out and issued them? (6) 9 See 1 across 10 Extravagantly showy celebratory college dinner? (5) 11 Initially, all types of molecules contain one (4) 12 Most recent news on the French exam? (6) 13 Famous reformed Downing Street – it’s G&T free! (8) 14 Perhaps try and be head of school – one who is present but does not take part (9) 16 Sounds like you failed to hit fog (4) 17 Slide on ice – children end up back to front (4) 18 ‘Wealth’ has poor, naff clue – ‘Ends in “e”’ (9) 22 MA in co-ed arrangement – funny guy! (8) 23 Open University backs Disney to make Robin Hood? (6) 25 Raise 51 feet (4) 26 Girl has new school, so leaves before end of June (5) 27 Notice goes up in Long Island (4) 28 Emphasise emotional strain (6) 29 Film awards – posh-interior limos? (6)

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WIN!

A £50 Marks & Spencer voucher

DOWN 1 I eat dry concoction to provide this kind of fibre? (7) 2 A bit of a drip, a dreary Army chaplain (5) 3 Do this to your belt to get thin, maybe (7) 5 Making an effort to be irksome? (6) 6 In the intervening period when email is rewritten (9) 7 So, one’s Head of Technology in the shortest possible time? (7) 8 Twenty-five per cent taking exams at the end of a degree course, contested by the last eight teams? (7,6) 15 Possibly tries ‘term’ as a division of the school year in America (9) 17 Let’s finish with Conservatives and their tales! (7) 19 Cubs’ mother organises lesson – I’m in! (7) 20 Fees for children being looked after? (7) 21 Travelling show seen in London after Oxford (6) 24 Altos can sing part of Puccini opera (5)

10 12

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HOW TO ENTER

Send your completed crossword with your contact details to: ATL March crossword competition, Think Publishing, Capital House, 25 Chapel Street, London, NW1 5DH. The closing date is: 24 April 2015. If you have an ATL membership number, please include this here The winner of the March competition will be announced in the June issue of Report.

LAST ISSUE’S SOLUTION Across: 7 Gateshead 8 House 10 Run for it 11 Unpaid 12 Arms 13 Ignorant 15 Capstan 17 Apology 20 Academic 22 Read 25 Harmed 26 Agnostic 27 Scent 28 Monastery Down: 1 Caius 2 Heifer 3 Charisma 4 Captain 5 Corporal 6 Espionage 9 Ruin 14 Fat chance 16 Sediment 18 Parental 19 Ecuador 21 Made 23 Assets 24 Diary CONGRATULATIONS TO JANUARY’S WINNER – ULRIKE HUNT, LUTON

06/03/2015 14:41

YOUR ATL… NOTICEBOARD, GET INVOLVED

IN PROFILE

NOTICE BOARD Teachers’ Pension Scheme contributions The Government has confirmed the member contribution rates for the new Teachers’ Pension Scheme (TPS), which come into effect on 1 April 2015. The rates are: Salary £

Contribution rate from April 2015

0 - 25,999 26,000 - 34,999 35,000 - 41,499 41,500 - 54,999 55,000 - 74,999 75,000 +

7.4% 8.6% 9.6% 10.2% 11.3% 11.7%

Unlike previous years, from 1 April 2015 your contribution rate will be based on your actual pensionable earnings. This means part-time teachers will pay contributions based on their pensionable earnings rather than the full-time equivalent salary.

Pension increases for 2015 The Pensions Increase (Review) Order 2015, enacting a 1.2% increase, was expected to be passed in March. It means pensioners whose TPS or Local Government Pension Scheme pensions were last increased on 7 April 2014 and whose pensions began on or before 21 April 2014 would receive an increase of 1.2% with effect from 6 April 2015, in line with the increase in CPI. Pensioners who retired on or after 22 April 2014 would receive a proportionate increase based on CPI.

GET INVOLVED Research project What are the best ways of grouping students to raise achievement? Can better approaches to grouping benefit those from disadvantaged backgrounds? Take part in research with King’s College London to find out. It is looking for schools interested in setting or mixed-ability grouping in key stage 3 English and maths.

28 WWW.ATL.ORG.UK REPORT | MARCH 2015

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Peter Smith scholarship The Peter Smith scholarship offers financial assistance to ATL members wanting to return to full- or part-time study in areas that will help their professional and personal development. 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.

Personal injury claims The Government introduced changes to the way personal injury claims can be funded in 2013. If your claim is successful, the losing defendant no longer has to pay all your legal costs, but only a contribution towards them. As a result, most solicitors who deal with personal injury cases fund such claims by keeping up to 40% of compensation. However, this is not the case if you are a member of ATL and you pursue your case through your union’s personal injury solicitors, Morrish Solicitors. Morrish will not deduct a penny from your compensation if your claim is successful. So, before you choose your solicitor ask yourself the question - how much of your compensation do you want to receive: 100% or 60%? Why share compensation awarded to you? For further information, contact Morrish Solicitors on 033 3344 9616, complete a claim form at www.atlinjuryclaims.org.uk or visit www.morrishsolicitors.com/atl. By taking part in this Education Endowment Foundation-funded research project, you will get free, high-quality professional development; access to research on best practice; practical strategies for raising attainment; evidence-based guidance on differentiation; approaches to address Progress 8; direct involvement in research; and free tests to assess students’ progress. These are evidence-based interventions that will be evaluated for their impact on

ATL PLUS Nuffield Health Nuffield Health offers members 10% discount on gym membership. As well as great fitness facilities and professional healthcare services, we also have a team of health experts on hand to offer you the support you need to lead a more healthy lifestyle. With our gym membership, you’ll experience our unique Nuffield Health three-step gym plan, which is expertly designed to help you reach your individual fitness goals. Your journey starts with an initial 12-point health MOT, digital support with your personal HealthScore™ and your personalised gym plan. Membership gives you access to our great fitness facilities, group classes and amazing swimming pools. To get 10% off your Fitness Gym Membership, try your chosen Nuffield Health Fitness and Wellbeing Centre for free or visit with proof of your ATL membership. See the link below for more information and to obtain your voucher to try your chosen Nuffield Health Fitness and Wellbeing Centre for free. R Arrange an appointment for your first visit. R Bring along your ATL membership proof. R At your visit you will receive and sign all the necessary paperwork. See www.atl.org.uk/atlplus/gym-offer. asp for more information. Ts&Cs: One membership per ATL member. Banking and admin, and joining fee may apply. Initial introduction must be booked in advance with the Fitness and Wellbeing Centre. Only available to ATL members. ID and proof of membership will be needed. Services and facilities vary per centre. Management reserves the right to cancel this promotion.

educational engagement and attainment. The interventions are designed for students from their start in Year 7 until their completion of Year 8, in maths and English. Each school will receive £1,500 for participating, a report on findings, and free external assessment of students at the end of Year 8. To sign up, or for further information, email groupingstudents@kcl.ac.uk, call 020 7848 3139 (answerphone), or see www.kcl.ac.uk/ groupingstudents.

SEPTEMBER 2014 WWW.ATL.ORG.UK | REPORT 28

06/03/2015 14:41

YOUR ATL… RESOURCES AND LEARNING ZONE

ATL RESOURCES ATL Support

Post-16 News

ATL Support newsletter has been posted to all support staff members with this issue of Report. It leads with a round-up of two successful conferences for support staff in York and London, where debate, networking and top-notch CPD abounded. Less cheery news comes in the form of the ATL survey of support staff that shows they are generally overworked and underpaid, often being used to deliver lessons when covering teacher absence. There is also information on support staff activity at ATL’s Annual Conference, an interview with one support staff member who is joining the Executive Committee, and plans for improving the working lives of support staff in Wales.

ATL members working in FE and sixth form colleges will have received the latest issue of the Post-16 News newsletter, which is billed as a ‘Learning special’! It rounds up the wide range of CPD and learning events recently organised in FE by ATL and supported by our funding from the Union Learning Fund. Highlights include making maths fun in Middlesbrough, festive and focused pre-Christmas learning in Boston, and mental health training in the Midlands. There is also an explanation of the myriad benefits of union learning and how you can make it happen in your workplace.

ATL SUPPORT AND POST-16 NEWS ARE ALSO AVAILABLE ONLINE AT WWW.ATL.ORG.UK/PUBLICATIONS

LEARNING ZONE CPD COURSES 2015 Practical solutions for dyslexia and dyscalculia for teachers and teaching assistants in primary and secondary schools ATL offers two introductory courses on dyslexia and dyscalculia, run by the British Dyslexia Association, for teachers and TAs in both primary and secondary. The courses are designed to give an awareness of dyslexia and dyscalculia and an overview of relevant teaching practices and resources.

PHOTOGRAPHY: PAULA DUCK

Course programme Primary R Dyslexia and its effects – what dyslexia feels like and how it affects the learning process. R Strengths and specific weaknesses of the dyslexic pupil. R Signs of dyslexia. R Multi-sensory teaching, lesson plans and practical ideas. R Coping strategies.

WWW.ATL.ORG.UK

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R R

R R R R

ICT in the classroom and assistive software solutions. How do the problems associated with dyscalculia and dyslexia manifest themselves? Identifying learners with dyscalculia. Practical solutions to teaching arithmetical skills. Strategies for specific problems. The language of mathematics.

Secondary R The dyslexia spectrum, strengths and weaknesses, and its genetic roots. R How to identify dyslexia and gain a

R R R R

basic understanding of screening and assessment procedures. The dyslexic profile of older students. Practical solutions to typical difficulties faced by the dyslexic student. Teaching styles that may aid the dyslexic student. The role of assistive technologies in supporting students. Organisational and effective study skills for dyslexic students. Tips on revision and exam strategies.

Dates and locations R

Practical solutions for dyslexia and dyscalculia: secondary – 21 May, Manchester. Practical solutions for dyslexia and dyscalculia: primary – 10 June, Birmingham.

MARCH 2015 | REPORT 29

06/03/2015 14:41

FINAL WORD… JAMES DAWSON

Books for Alice

ILLUSTRATION : PHIL WRIGGLESWORTH

Teenage fiction author James Dawson wants more diverse characters in children’s fiction to appeal to all young people I’D LIKE TO INTRODUCE you to Alice. Alice is 13 years old and lives in a town just outside Guildford. Her father is a pilot and her mother teaches 2.5 days a week in a reception class. Alice attends a fee-paying school, although has an academic scholarship to cover some of the cost. In her spare time, Alice likes horse riding, going to Pizza Express with her friends and listening to 5 Seconds of Summer. Alice is female, Caucasian and likes boys. Alice is who the publishing industry makes books for. I’ve made Alice up, although she reflects reality for a number of real-life girls – the white, middleclass, heterosexual, able-bodied girls of the Home Counties. It is this safe, financially viable market publishers seem to aim for. ‘Safe’ being the key word. Alice is a girl, because, at least twice a year, I still hear people in publishing casually say “boys don’t read”. On the other side of the Atlantic, Alice becomes Allie, and she’s the same except she comes from a small town in New England. And she’s a cheerleader. This year, I was asked to give the Patrick Hardy lecture on diversity in children’s publishing. While writing the speech I established that, while there was some data for US publishing (only three per cent of books featured a prominent African-American character), the statistics for UK books were patchy and anecdotal at best. I used my speech to call for in-house diversity monitoring. This was so that when the biannual ‘we need more diverse books’ articles pop up (ahem…), publishers would be ready to exhibit the diversity of their lists. There is good work happening. In particular, 2014-15 is a very 30 REPORT | MARCH 2015

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good year for LGBT-themed contemporary young adult titles, so much so, I worry that such titles risk becoming a ‘trend’. The majority of these characters, however, are white and middle class. They are still ‘about’ the Alices of the world. The danger of presenting homogenous characters is that not only do we show an ‘ideal’, but we also seem to suggest stories are the domain of straight, white characters. If I were to go into a primary school in inner-city London and ask the children to draw Snow White, it’s likely they would draw a white girl. Her saviour, almost certainly, would be a white man. We, in the industry, seem to validate the voice of the straight, white majority. We silence outsiders. And it boils down to fear – money fear – the silliest type of fear. Yes, I accept publishing is an industry, and one that must make money, but going after the safe money of Alice’s parents is lazy. Not only cowardly but patronising, for Alice, I believe, does not only want to read books about herself. Authors need to do their part too. Writing characters of colour, LGBT characters, characters living in poverty or from faith backgrounds need not be a challenge. Research is only necessary if we think people from minority groups are fundamentally different, which, I think, we aren’t. Yes there are facts to check, but the true essence of character does not come from a label. Authors must stop worrying about alienating editors as much as editors must stop worrying about alienating parents. Children’s authors and publishers possess a rare magic –

the power to change minds. Books such as Wonder and Curious Incident of the Dog in the Nighttime make us imagine a different life; Noughts & Crosses made me question privilege; A Monster Calls helped me to better understand grief. The very best children’s and young adult books are those from brave authors and editors who dared to be different. Sally Gardner thought her Carnegie winner Maggot Moon was “unpublishable” until Hot Key Books took a risk on a most un-Alice-like character. Books mustn’t be solely about, and for, girls like Alice. Books should be for, and about, everyone. No outsiders.

James Dawson is the awardwinning author of teen thrillers Hollow Pike, Cruel Summer and Say Her Name, and non-fiction This Book is Gay.

WWW.ATL.ORG.UK

06/03/2015 14:41

Teach heart disease a lesson The nation’s heart charity has two fun activity-based fundraising events that your school can take part in during the spring or summer term.

Jump Rope For Heart For 5-13-year-olds

A hugely popular event that encourages children to learn skipping skills as individuals, in pairs and in groups. Skipping is great fun and a superb way to get children active. 33 skipping ropes, teaching resources, skipping skills DVD, posters, sponsorship forms and a great organiser’s guide are provided in its pack worth over £100.

Ultimate Dodgeball For 7-18-year-olds

A great way for boys and girls of different ages and abilities to have fun and get active. Just choose your teams, create a team identity and organise your own fun event. Three official UK Dodgeball Association dodgeballs, teaching resources, posters, sponsorship forms and a great organiser’s guide are provided in its pack worth over £30.

Everyone wins Your children win – They learn how to improve their heart health by taking part in fun physical activities. You and your school win – These events are simple to organise and you get a comprehensive teacher’s pack with resources worth up to £100. Your school also gets to keep 20% of the sponsorship money raised, to support its work. Your community wins – One in every 180 babies born in the UK has a heart defect and sadly, every seven minutes someone in the UK dies from a heart attack. With your school’s support, we can drive the fight forward by doing more research, making more discoveries and offering information, support and care to heart patients and their families.

For more information, visit bhf.org.uk/everyonewins or call 0300 330 3322. To register online visit bhf.org.uk/register © British Heart Foundation, a registered charity in England and Wales (225971) and in Scotland (SC039426)

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05/03/2015 11:18

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