Independent School Management, August 2024

INDEPENDENT SCHOOL MANAGEMENT

The benefits of refinancing your school’s property portfolio

How to deal with serious safeguarding issues Improve you school’s business processes

Avoid falling foul of the money launderers

Reward teaching excellence

A new era?

Welcome to the August 2024 edition of Independent School Management. Thank you for your continuing support for the magazine; it really is appreciated.

These are interesting times in the wake of the general election. It is important, however, that schools should not be distracted and change course from the strategy that they are (or should be) already following to secure the long-term future of their educational establishment.

Continuity of purpose is key to ensuring that a child’s education isn’t disrupted by sudden change and so it is on the governing body and senior leadership team to maintain stability regardless of any challenges. Inevitably, there will be current threats that we have outlined and analysed in previous editions, so we focus in this edition on effectively and efficiently carrying out the duties of the broader remit of a progressive and successful independent school.

People matter

Our main focus is on human resources. Staff are, of course, the lifeblood of any organisation. Everyone needs to pull together and buy in to the school’s strategic plan. But staff also need to be supported and rewarded. Accordingly, we have a series of pieces on employee relations, employee engagement and employee rewards. Recruitment will continue to be very competitive and so employers with a good reputation will reap the benefits.

Leadership

What makes a good leader? This can be very subjective and so difficult to quantify. We have invited the chief executive of a successful schools group to outline the key attributes that he looks for when appointing people to lead his schools. We have another feature on leadership

that recognises the importance of being positive and encouraging to those around us. An unwaveringly optimistic approach to pursuing excellence in pupils can help to change the world for the better. Hard work is important but success, according to research, is driven by a positive approach. Leadership isn’t just about looking forwards and making new plans. It’s also about self-reflection and reviewing how important school functions are carried out. To this end, an audit of the governing body, its make-up and roles, is so important in guarding against complacency and inaction. As governors stand down over the years, it can be easy to lose sight of the skills that each governor brought to meetings and is now lost: an audit identifies any gaps and deficiencies.

Property matters

Refinancing your property portfolio is a strategic financial exercise that can bring substantial benefits. There has been an increase in schools refinancing their portfolios over the past year, and with lower interest rates, refinancing can help with improving your cash flow. Any help in improving the bottom line has to be a top priority.

In the picture

We also have a range of scenarios to enable you to test your skills and experience in trying situations, where experts will guide you through circumstances that could very easily occur in your school. In each case, it is vital to manage the situation with great care. Topics include the behaviour of a teacher on a school trip, a suspension after allegations of bullying, and cyber grooming of a pupil. Grim stuff but invaluable.

And also

Elsewhere, we continue our series of Merger watch, where the latest mergers

are identified, with some analysis of significant cases. Also, we continue the series on finance for heads where in this edition we tackle the importance of managing cash flow.

We continue our new feature looking at the relationship between the head and the bursar. This is such an important relationship for day-to-day school affairs. We speak to the head of Bluecoat School Birmingham about how the head/bursar relationship has forged a successful school despite the two of them having very different personalities.

Finally, this is my last edition as editor of this magazine. I will be switching to a consultative role to the new editor, Ian Allsop, an old friend and colleague who will be taking the helm for the start of the new school year.

To keep up with the latest sector news and people moves, follow us on X @IndSchMan

Andrew Maiden Editor, Independent School Management

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Andrew Maiden

Chief executive

Alex Dampier

Chief operating officer Sarah Hyman

Editor Andrew Maiden andrew.maiden@nexusgroup.co.uk

Reporter and subeditor Charles Wheeldon charles.wheeldon@nexusgroup.co.uk

Publisher Harry Hyman

Sales sales@nexusgroup.co.uk

Production production@nexusgroup.co.uk

Investor Publishing Ltd, 3rd Floor, 10 Rose & Crown Yard, King Street, London SWIY 6RE Tel: 020 7104 2000

Website: independentschoolmanagement.co.uk

Independent School Management is published six times a year by Investor Publishing Ltd. ISSN 2976-6028 © Investor Publishing Limited 2024

The views expressed in Independent School Management are not necessarily those of the editor or publishers.

@IndSchMan

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6-8 News in brief

10-12 Strategy for success Inspired Learning Group’s philosophy 13 Merger watch

Activity in the sector

special

focus 14-15 Cultivate harmony

Nurture a positive work environment

16-17 Foster a thriving environment

Engage positively with employees

18-19 Reward excellence Focus on recognising deserving staff

20 Cash flow is king Finance advice for heads 21 Best bank deposit rates

22-23 Reasons to be cheerful Optimism can become a habit

24-25 A little self-reflection Consider a governance review

26-27 Secure finance with care Refinancing school property portfolios

28-29 Prevention is better than cure The importance of buildings maintenance

30-31 Defend against grooming Dealing with serious safeguarding issues

32-33 Teacher’s tipsy trip up Staff misbehaviour on school trips

34-35 Suspension scenario

Coping with a case of serious bullying

36-37 Attract the parents Adding a nursery can drive up pupil numbers

38-39 Work smarter, not harder Improve business processes in your school

40-41 Risk radar Manage your school’s risks

42-43 Keep your school safe How to manage contractors working at schools

44-45 Dirty money Avoid falling foul of money launderers

46-47 People moves

48-50 A constructive relationship Head and bursar working together

News in brief

HERTFORDSHIRE INDEPENDENT GIRLS’ SCHOOLS TO MERGE

Three independent girls’ schools in Hertfordshire are merging in September: St Albans High School for Girls (STAHS), STAHS Prep and Stormont School, an independent girls’ prep school in Potters Bar.

The newly formed entity will become the St Albans Education Group.

In a statement the schools said they have “enjoyed a decades-long relationship, and the merger provides an exciting opportunity to further develop… already close ties through a more formal partnership, widening opportunities for all three schools”.

The new group will be led by STAHS’ head, Amber Waite, as founding principal. She will be supported by Drew Thomson-Jones as acting head of senior, Mike Bryant, who will continue as head of STAHS Prep, and Louise Martin who will remain as head of Stormont School.

Martin said: “This is an exciting new chapter in both our schools’ histories. At a time when independent schools face greater challenges than ever before, we are bringing together two similar institutions to operate under one umbrella, sharing support, expertise and resources to continue, and continue to improve, the outstanding educational opportunities we deliver for all our pupils.”

Waite added: “With both STAHS and Stormont in good financial health, the St Alban Education Group’s focus will be on the development of a new, groupwide development strategy to ensure that each school continues to offer a world-class girls’ education in top-quality, purpose-built facilities that support their academic, social, and co-curricular development and all-round wellbeing.”

NEW OWNER FOR WILTSHIRE PREP SCHOOL

David Allison of EduPartners, an education consultancy company, has purchased Avondale Preparatory School in Salisbury, Wiltshire, a non-selective, co-educational independent day school, with space for 180 children aged between two and 11 years.

The school, originally opened in 1923,

was acquired by Stuart Watson in 2013, who is selling to allow him to move back to New Zealand with his young family.

EduPartners also owns Salterford House in Nottingham, an independent preparatory school for children aged from two to 11 years.

Business property advisor Christie & Co facilitated the sale of Avondale which was sold for an undisclosed price.

ABINGDON SCHOOL TO ADMIT GIRLS

Abingdon and Abingdon Prep School in Oxfordshire have announced that they are both to go co-educational.

Abingdon Prep School will admit girls

to its pre-prep from September this year, and to Years 3 to 6 from September next year.

Abingdon Senior School will admit girls to its 1st Year (Year 7) and sixth form (Year 12) from September 2026. In a statement the schools said: “Abingdon and Abingdon Prep School have long been highly successful, but we want the education we deliver to be reflective of today’s society – one where equal opportunity for the sexes is promoted and in which both girls and boys should be able to be as ambitious as each other and be in control of their own future success. We believe that the life skills of teamwork, emotional

STAHS Prep

Avondale Preparatory School

intelligence, mutual understanding and the ability to relate to others are better fostered in a co-educational environment and one which more closely mirrors the conditions of real life. Our values of intellectual curiosity, a balanced education, and outstanding pastoral support will remain the core of all that we do and we believe a stronger and better Abingdon will emerge as a result of this move.”

Professor Mike Stevens, chair of governors for The Abingdon Foundation, said: “I am very excited by what this development will mean for the Abingdonians of the future. The Abingdon I have known has always been open to the opportunities that change can bring and our decision has been driven by what we think is best for education today. As the senior school’s aims and ethos statement already expresses it, Abingdon has “a constant eye on innovation to reflect the needs of a rapidly-changing world”. Our vision is very much of a stronger Abingdon Foundation with the proposition of an education that will be exceptional for both girls and boys in terms of its opportunities, its excitement and its ambition for their future.”

PRIVATE SCHOOLS GROUP SIGNS REFINANCING DEAL

Independent schools company Inspired Learning Group has agreed a refinancing deal with Allica Bank to help fund its future growth.

Inspired Learning Group specialises in acquiring financially struggling schools. Currently operating 25 schools and nurseries catering to more than 3,000 children across the Southeast, the group recently acquired a new school, Shebbear College, which occupies an 85-acre site in Devon.

Challenger bank Allica Bank has refinanced a large proportion of Inspired’s debt, providing “better rates and greater flexibility to support… ongoing expansion”.

Inspired Learning Group’s founder Amit Mehta said: “This is an exciting time for Inspired Learning. The funding we have secured is a vote of confidence in the success of our business and educational model, which will be a crucial step in our journey and the journeys of the students and families we serve. In this highly fragmented market there will be more consolidation within the sector, as there is strength in numbers, and this is where ILG is well positioned to continue to grow and flourish.

PRIVATE SCHOOL TO CLOSE DUE TO “ADVERSE POLITICAL AND ECONOMIC FACTORS”

Alton School in Hampshire has advised its pupils’ parents that the school is closing.

Alton School is an independent Catholic day school for boys and girls from six months to 18 years, with

approximately 450 pupils of all faiths.

A statement on the school’s website read: “With deep regret the Trustees announce it is proposed that Alton School should close at the end of this academic year and the school shall not be re-opening in September 2024. The nursery should also close on 31 August 2024.

“Our community has served Alton and the surrounding area since 1938 and it is with deep sadness that we may be unable to continue providing this education in the future. Alton School has always had an outstanding reputation for its strong pastoral care and has much to celebrate in its long history, having educated so many young people.

“This proposal is based on a continued decline in pupil numbers, to the extent that the school has now become unviable. This is due to a combination of adverse political and economic factors.

“The school will be doing all it can to support our staff, parents, and pupils at this difficult time.”

POLICE INVESTIGATE PREP SCHOOL ABUSE CLAIMS

Northamptonshire police are conducting a criminal investigation into allegations of historic sexual and physical abuse at Maidwell Hall School, The Times has reported.

The investigation has been instigated following allegations by 60-year-old Earl Spencer in his book A Very Private School,

Abingdon School

where he says a teacher interfered with him in his dormitory bed when he was 11 years old, while another hit him over the head so hard that he drew blood and also took boys for naked swimming lessons in the school’s lake.

Earlier this year Spencer told The Times that the school’s head as the time, John Porch, inflicted “unbelievably painful punishments” spanking children’s bare bottoms with a variety of weapons, causing bruising and drawing blood. Porch died in 2022.

Spencer said: “It was all about making the boys as frightened as possible. The whole process of being punished was ritualistic.”

A spokesman for Maidwell Hall School said: “It is difficult to read about practices which were, sadly, sometimes believed to be normal and acceptable at the time.”

The school added: “Almost every facet of school life has evolved since the 1970s.”

Northamptonshire police said: “We are in the early stages of investigating a number of non-recent allegations of sexual abuse at Maidwell Hall School. Northamptonshire police takes all allegations of abuse very seriously and where reports are made to us, we will pursue all available lines of inquiry to help bring perpetrators to justice.”

INDEPENDENT SCHOOL LAUNCHES AI INITAITIVE TO PROTECT PUPILS

Alleyn’s School in Dulwich, South London, has launched an ‘artificial intelligence constitution’ to guide and protect pupils using artificial intelligence, The Telegraph has reported.

Alleyn’s School is a co-educational independent day school and sixth form for pupils aged four to 18. The school has drawn up the

constitution’s rules and guidelines and sent them to parents ahead of introducing artificial intelligence to its curriculum in September.

Alleyn’s School’s headteacher Jane Lunnon said: “It will bring a real parity for pupils and for teachers and parents. In a sense, it’s a refinement of the traditional school rules and we are making sure that everyone knows what they are.

“We can’t ignore AI. It is not going to disappear from our minds. It is the genie that will now not go back into the bottle, but you can absolutely make sure that everyone is clear about the risks, boundary them and make everything ageappropriate.”

INDEPENDENT SCHOOLS REPORTS STAFFING AND MENTAL HEALTH CONCERNS

Research from education insurer Ecclesiastical indicates that the independent school sector could be on the verge of a staffing crisis as two-thirds (68%) of independent school leaders have seriously considered leaving the education sector.

The survey of 250 UK independent school leaders discovered two-thirds (65%) of independent schools are more concerned about staff recruitment and retention than ever before.

Of those surveyed, 62% reported their school is struggling to retain staff and 61% said their school is struggling to recruit staff.

Independent schools also seem to be facing an increase in staff mental health issues. Half of independent schools have seen an increase in teacher anxiety (48%) and stress (47%) during the past 12 months. Two in five (40%) have also reported an increase in teacher depression.

The research found the top contributing factors to teacher mental health challenges are financial pressures (38%), increased workloads (32%), the pressure to deliver good results (30%), and taking more work home (30%).

While independent schools have seen an increase in teacher mental health concerns, the survey discovered seven in ten (70%) independent schools are currently providing mental health support for their teachers.

Last year, a National Association of Head Teachers survey found 38% of school leaders had reported they had accessed professional support for their mental health, and 11% said they wanted professional support but didn’t know how to or if it was unavailable to them.

BRADFORD PRIVATE SCHOOL RATED INADEQUATE

Islamic Tarbiyyah Preparatory School in Manningham, Bradford has been rated Inadequate after Ofsted ruled the school treated girls differently from boys, Yahoo News has reported.

The school has 184 pupils on the roll, aged between three and 11 and was inspected from 19-21 September last year. On its previous inspection in 2019 it was rated Good.

The report stated: “Girls say that they are treated differently from boys.

“Female pupils in Year 6 are unable to access the shared space with male pupils at lunchtime and during afternoon breaks. This prevents them from accessing the same games as boys at lunchtimes and playtimes.

“Stereotypes linked to girls being emotionally weaker than boys are not challenged. Equality is only taught through the lens of Islamic values.”

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Strategy for success

Inspired Learning Group’s chief executive Amit Mehta explains the philosophy behind the 25-strong school group he created over the past 10 years

How do schools succeed? The implementation of tried and tested strategies, an ever-evolving, adaptable and flexible management team, and a belief system founded within family values.

As the chief executive of a schools group, I am privileged to have the responsibility of devising our strategies and ensuring resources are in place to implement them. Above all, my values of honesty, openness and fairness underpin every endeavour. Our commitment to help every child reach their full potential, innovation, continuous improvement, and setting of targets are always part of an ongoing

“Those who work and study in our schools should be given the best possible opportunity to flourish in environments which are often much more conducive to progress than in larger settings.”

discussion and evolving review process within our schools.

In the past 10 years, we have acquired 25 settings in the UK, each with their own unique success stories. As Inspired Learning Group (ILG) has grown, I have developed specific methods for managing operations on this scale, formulated through invaluable practical insights and ‘in the trenches’ experience.

At the heart of everything we do is a commitment to quality and excellence in our staff, in our facilities and in our ideas. We believe that those who work and study in our schools should be given the best possible opportunity to flourish in environments which are often much more conducive to progress than in larger settings.

THE BEST LEADERS

Leaders who are selected to run ILG schools become not just part of the family but also bring with them a mindset that helps create a flourishing learning environment for our pupils. Our leaders are not only child-focused, but possess passion and strong communication skills, the ability to listen, and have integrity and a clear vision. These shared ideals enable our schools to progress to the next level of achievement. By creating an effective,

modern and progressive curriculum, we are able to provide learning spaces for our pupils to acquire key skills for the future. Our pupils need to become agile, adaptive to a changing economy, and be able to work within industries that have not yet taken shape or been created.

One such example of an ILG leader is James Nichols, head of St. Francis’ College, Letchworth in Hertfordshaire. His resourceful and inspirational headship cascades throughout the team. Effective top-down and bottom-up communication encourages collaboration and highlights the diverse makeup of the team and its different points of view. This fosters

Shebbear College

Amit Mehta

“Our pupils need to become agile, adaptive to a changing economy, and be able to work within industries that have not yet taken shape or been created.”

creative ideas and solutions to propel our schools forward, all in a climate of mutual trust, respect and accountability.

This September, James will oversee the implementation of a new innovative curriculum – Curriculum 2024 at St. Francis’ College. Its focus places greater emphasis on the development of pupils' life skills, including collaboration, creative thinking and critical analysis, while ensuring academic results remain consistently outstanding. The aim is to ensure pupils are equipped to thrive in a future where artificial intelligence and other technologies will be present in

the workplace. AI concepts, including machine learning, neural networks and algorithms can all be integrated into the existing STEM or even social studies curriculum to help our pupils adapt and thrive in an ever-changing environment. In this and so many of our schools, it is the adoption of the principle of a growth mindset which encourages pupils to look ahead positively to success in their studies.

Curriculum 2024 is an approach that the school will seek to enhance further to enrich teaching. While we are consistently proud of its academic record, the pastoral care it provides, and the students it produces, we recognise we are rapidly moving forward to a very different and diverse world. Curriculum 2024 is a shift in thinking towards a skills and character-based approach to teaching knowledge and preparing students for exams and the world beyond them; having a personal development programme that is modern, relevant and engaging aimed at equipping young people for life; a focus on careers to highlight the changes in what young people will be doing for work in the future; and a relentless focus on the college’s values of DREAMS.

The DREAMS values: Determination, Resilience, Empowerment, Appreciation,

Motivation and Security are what bind the college together as a community. They are the core beliefs which underpin what St. Francis’ College stands for.

THE BEST USE OF ASSETS

We see that schools are usually an underused opportunity. Yet a school site and its buildings can become a powerful tool to engage the community surrounding it. Over time, the school can evolve into a cornerstone of its locality, encouraging growth and serving as a hub for local gatherings and activities, thus enriching the lives of residents and fostering a sense of belonging and pride. ILG schools are proactively encouraged to host events that are open to the public, including cultural festivals, art exhibitions, science fairs, sports tournaments and music concerts. These events not only showcase pupils’ talents and achievements, but also bring together residents from the surrounding areas.

Many of our schools have historical and great architectural significance within the community, often sharing this history through guided tours and educational programmes that engage residents of all ages. Saint Felix School, Southwold in Suffolk demonstrates a legacy of

St. Francis College

“The aim is to ensure pupils are equipped to thrive in a future where artificial intelligence and other technologies will be present

in the workplace.”

excellence spanning more than 125 years. It has a rich history dating back to 1897 and has been a beacon of educational excellence for generations.

Beyond academic excellence, Saint Felix School holds social responsibility close to its heart. From assisting Jewish refugees during World War II to supporting Syrian refugees in recent years, we instil a sense of compassion and empathy in our pupils. Saint Felix School embraces its history by hosting historical tours for the local community.

In a recent development we have secured ownership of Shebbear College, a charming school in Devon nestled in

85 acres. The school offers state-of-theart facilities for performing arts, sports, and music, which provides further opportunities to engage with the local community.

THE BEST BENCHMARKING

In the context of the independent education sector, it is vital for schools to use benchmarking and traffic light systems to assess costs and expenditure relative to industry standards. As we have grown, we have been able to leverage our past experience to inform our strategy for each new school that has joined our group. Economies of scale enable ILG to obtain cost efficiencies, which in turn benefit our parents and pupils.

Benchmarking helps identify gaps in performance and uncover opportunities to improve, including driving education provision, streamlining processes, reducing costs and therefore increasing profit. Ultimately, looking at what needs ameliorating through discussion and analysis enables us to assess each school and establish a coherent direction forward.

A concrete foundation for success is: the use of benchmarking, a balanced scorecard

– an effective strategic planning tool, alongside well-defined strategic objectives, and agreed-upon KPIs that are effectively communicated to all stakeholders.

ILG’s position of stability stems from its ability to guide every school towards longevity, through the implementation of strategies and methods that guarantee positive outcomes. We provide each of our schools with continual support and guidance – like an enthusiastic parent, we take great pleasure and pride in nurturing for success, guiding for success, and planning for success.

“Over time, the school can evolve into a cornerstone of its locality, encouraging growth and serving as a hub for local gatherings and activities.”

Saint Felix

Merger watch

Law firm VWV’s partner Siân Champkin analyses the latest merger activity in the independent

sector

Trends in the education transactions world are continuing to accord with the earlier months of the year, with senior/prep school mergers being the leading deal type.

The consolidation of the sector shows no signs of slowing and indeed appears to be picking up pace with emerging charitable schools groups such as Mill Hill Education Group continuing to gain in scale and market share. Other notable charitable schools have taken their first steps into a group structure and we expect to see many more added to this category in the coming months.

The commercial acquirers, such as Inspired Learning Group, are also continuing to acquire charitable assets with two further recent acquisitions in the form of Derby Grammar School and Shebbear College in Devon.

We have witnessed some interesting charitable mergers in the first half of the year such as the Sherborne Schools Group merger bringing together two senior schools and two prep schools into an enlarged group. This to an extent (although of course there are other examples) is outside of the �norm� of senior to prep mergers but is something we are increasingly expecting to see with a group-focused strategy featuring highly on a number of governing boards. It�s clear from statistics that enrolment into larger schools and at older age ranges is holding up better (with exceptions) and as such market share is ever-increasing for those schools in such categories.

The commercial groups, particularly those with a previously international

“It's

clear from statistics that enrolment into larger schools and at older age ranges is holding up better.”

focus, are still actively pursuing opportunities and we expect to see a number of notable schools making strategic moves to strengthen their position in the market by seeking the support of a larger organisation in meeting their strategic aims and investment ambitions.

Having acted for private school Kingshott on its recent merger with Mill Hill (and previous schools that have joined the Mill Hill Education Group) it was interesting to examine the reasons behind a merger of this nature. Kingshott’s headmaster David Weston said: “Our decision to join forces with a charitable foundation, the Mill Hill Education Group, was a proactive initiative that enables us to action our ambitious goals over the years ahead. It was a future-facing decision taken during a time of strength, and we are excited to be able to benefit from all the enrichments, enhancements and efficiencies that being part of the Mill Hill Education Group offers. We are looking forward to working collaboratively with colleagues across the group over the years ahead to establish opportunities to further enrich and enhance Kingshott’s excellent education for all our current and future pupils.”

This article was written before the result of the general election was known and, depending on the result, there

may be further challenges and pressures ahead for some schools. As such it may be that we see more schools reach a state of distress and needing opportunities to explore. While we will work hard with them and pride ourselves on finding solutions to these difficulties, we are always urging conversations to be undertaken at a sufficiently early stage to allow the greatest range of options to be considered.

Some recent transaction highlights:

• Kingshott School: merger with Mill Hill School.

• Sherborne Girls School: merger with Sherborne School.

• St Albans High School for Girls: merger with Stormont School.

Siân Champkin

special focus | employee relations

Cultivate harmony

Navigator Law’s HR business partner Ruth Gladwell describes how to nurture a positive work environment

In the intricate tapestry of our working environments, the threads of employee relations weave a pattern fundamental to the fabric of your school’s success. There is a multifaceted nature to employee relations and its effect on the workplace, but there are strategies for ensuring that staff can enjoy their work.

Employee relations encompass the dynamic between employers and their staff group. It�s the discipline concerned with maintaining employer-employee relationships that contribute to satisfactory productivity, motivation and morale. Essentially, it�s about ensuring the staff group is happy and productive, and that the establishment�s goals are met with efficiency.

Historically, employee relations were synonymous with industrial relations, focusing on collective bargaining and union negotiations, familiar territory in a state school but not so familiar in the independent education sector. However, the evolution of work culture has shifted the focus to individual employee needs, aspirations, and the overall quality of the work-life experience, more especially since the overwhelming experience of the ‘Covid era’ in 2020.

We now understand employee relations as referring to the overall management and wellbeing of the staff group. Good employee relations provide the foundation for engagement and if cultivated will maintain and strengthen the employeremployee relationship.

“The

evolution of work culture has shifted the focus to individual employee needs, aspirations, and the overall quality of the worklife experience.”

THE PILLARS OF EMPLOYEE RELATIONS

Effective employee relations rest on several pillars:

Communication: Clear, transparent and two-way communication is the cornerstone of strong employee relations. Consider the leadership approach you adopt in your establishment; does it support this style of communication? Good employee relations create an environment where employees feel heard and respected and can lead to reductions in formal grievances and complaints.

Trust: This is built through consistent actions, fairness, and respect in every interaction with employees. For example, seek actively to role-model policies and the behaviours you expect your staff to demonstrate.

Engagement: Engaged staff are more productive and will often go above and beyond their job requirements. Consider how staff can be more empowered and have ownership of tasks within their remit.

Recognition: Regular acknowledgment of staffs� efforts and achievements fosters a sense of value and belonging. Start the celebration of success early, for example, during the initial probation period and continue to maintain this approach through the employment lifecycle so that staff know what success looks like.

Development: Opportunities for professional growth and development are vital for staff satisfaction and retention. Seek out staff desires through regular oneto-ones; don’t wait once a year to check whether they are developing, otherwise they may look elsewhere to develop.

WHAT POLICIES, PROCESSES AND PRACTICES SHOULD WE CONSIDER AND WHO WOULD BE RESPONSIBLE FOR DRAFTING THEM?

A human resources practitioner in your school will add value to your support services team and play a critical role in shaping the policies and practices that

“Good employee relations provide the foundation for engagement and if cultivated will maintain and strengthen the employer-employee relationship.”

govern employee relations. This individual should be tasked with:

• Developing policies that align with the school�s culture and values, as well as the ACAS Codes of Practice and employment law.

• Providing management guidelines that enable your staff, teachers and support staff, who have people management responsibilities, to manage staff issues.

• Implementing programmes that promote a positive work culture. This should be a key team member in your equality, diversity and inclusion working group.

• Mediating conflicts. Your HR practitioner should always look to support an approach of informal resolution at the earliest opportunity and not leave situations to inflame.

Ruth Gladwell

THE ROLE OF THE PEOPLE MANAGER IN EMPLOYEE RELATIONS

People management is a new term describing the traditional responsibility of a line manager. Having a human resources practitioner in your school doesn’t remove the responsibility away from the people manager, but their guidance, facilitation and support will enable line managers to discharge their responsibilities successfully.

CHALLENGES IN EMPLOYEE RELATIONS

Despite all best efforts, policy and guidance, challenges in employee relations can arise:

Conflict management: Conflicts are inevitable, but how they are managed can make a significant difference to the outcome. One noticeable factor currently changing the demographic landscape is an increase in multiple generations in our workplaces. Several reasons are leading to this including a delay in retirement, an overall skills shortage, and diversity initiatives. Along with the positives, including rich seams of knowledge and abilities, the differences between the various age groups surrounding communication styles, work preferences, and values among different age groups do bring notable increases in those ‘bump in the road’ misunderstandings, particularly

surrounding technology usage, work-life balance, and career expectations.

Train staff in how to have difficult and awkward conversations. Consider mediation to understand and mend relationships successfully at the earliest stage. The longer relationship challenges are left, the longer they become engrained and extremely difficult to unwind and repair.

Legal compliance: Staying abreast of employment laws and regulations is crucial to avoid legal pitfalls. Consider investigation training so that you have staff available, internally, to conduct investigations. Where complex events occur, consider outsourcing so that an impartial investigation can be conducted providing you with an external view of what can be done to resolve situations going forward. This also helps you to maintain as much of a ‘business as usual’ approach.

Change management: Change of any type within your establishment can be disruptive, and managing it effectively is essential for maintaining good employee relations. Remember to start with the first two pillars – communication and trust.

If you are implementing a change programme, identify one senior leader as the main ‘sponsor’. A sponsor should be a member of the senior leadership team, the primary advocate for the change, and

“Good employee relations create an environment where employees feel heard and respected and can lead to reductions in formal grievances and complaints.”

someone who can step in to determine the direction of change, address and resolve conflict, and provide additional resource and overall leadership. This individual’s endorsement will signal to the rest of the staff that the change is supported by top leadership, increasing credibility and the likelihood of success.

CONCLUSION

Employee relations are not just about resolving disputes or managing grievances; they are about creating a workplace where employees are engaged, valued, and aligned with the company�s goals. A strategic approach to employee relations can lead to a more harmonious, productive, and resilient establishment.

special focus | employee engagement

Foster a thriving workplace

Ruth Gladwell offers advice on the importance of engaging positively with employees

In our workplaces, employee engagement and relations are linchpins of establishment success. There is a symbiotic relationship between the two and how they can collectively foster a thriving work environment.

EMPLOYEE ENGAGEMENT – THE HEARTBEAT OF PRODUCTIVITY

Employee engagement is the emotional commitment that employees have towards the establishment they work for and its goals. It’s the driving force that leads to discretionary effort in one’s work. Engaged staff are enthusiastic, motivated, and willing to go the extra mile. They are the ones who will innovate, drive change, and hopefully progress into leadership roles and significantly contribute to success.

WHAT ARE THE STEPS TO OBTAINING SUCCESSFUL ENGAGEMENT?

Communicate transparently: Regular, honest communication builds trust and keeps staff aligned with your school’s culture and values. Senior leaders should support their team by setting the standard in their own communication, providing clear expectations and guidelines, outlining what information should be shared, when it should be communicated, and how it should be delivered.

Actively seek staff feedback. There are two reasons for doing this:

1. Don’t assume you know what staff want, and

2. Demonstrate that staff opinions matter to you.

“Engaged

staff are enthusiastic, motivated, and willing to go the extra mile.”

A key piece to remember – if you are seeking feedback, and get it, then act on it. If feedback is returned and never seen or heard of again it will be extremely hard to reach out again and expect worthy responses.

There are various times you can obtain staff feedback on their engagement that are far more valuable than waiting until an exit interview. Consider new hires – if you notice an increase in leavers during the first year or two, you may want to check your selection and recruitment processes. Actively reach out and try to obtain feedback at the various stages of a staff member’s relationship with you. Perhaps start with the following timetable: the first few weeks, around the mid-probation period, and again at the end of the probation period.

Outcomes of this approach are likely to return results of whether the job description and person specifications are a match in the working environment, rather than what you or the staff member imagined it might have been during the advertising and selection process. What’s

“Traditional annual performance reviews are being replaced by more frequent,

ongoing feedback mechanisms.”

the staff member’s view at the ‘mid probation’ period, do they know they are on the route to success or otherwise? Finally at the end of the probation period, how has the pass of their probation period been celebrated? If the probation period has been extended, do they know what to do to achieve success? Obtaining feedback at this early stage not only provides the school with feedback on key processes at the inception of the employment lifecycle but demonstrates the level of engagement that the school operates with staff which is likely to lead

“As part of any ‘employee voice’ strategy you operate you may include staff engagement surveys.”

to continuing open dialogue and positive employee engagement.

Traditional annual performance reviews are being replaced by more frequent, ongoing feedback mechanisms. Such mechanisms may include regular ‘check-ins’ across the staff group, utilising digital platforms designed for feedback and performance management, holding project debriefs or retrospectives, and notably, 360-degree feedback which is becoming particularly relevant for senior leaders. These approaches allow for realtime communication facilitating growth, development and correction where needed.

As part of any ‘employee voice’ strategy you operate you may include staff engagement surveys. Consider the various surveys you can operate, for example an

annual survey regarding staff benefits may be quite lengthy to compile and complete, and challenging to review. Pulse surveys are shorter engagement surveys, produced at regular intervals during the school year, and can measure more tangible areas at specific points in time.

Whether choosing an annual or interim ‘check the pulse’ survey, really focus on the areas you want answers on and consider how you ask the questions. Provide prompts, multiple choice questions and do allow the opportunity for staff to express themselves with free text responses. Provide returns to the wider staff community when you say you will and act on the responses.

RECOGNISE AND REWARD

Where leaders actively acknowledge individual and team achievements it boosts morale and provides for a continued focus on productivity. While using an inset day [In-Service Education and Training day] to note the various contributions made more publicly, smaller gestures, such as an individual email to recognise how a staff member provided a tour to a visiting parent and future pupil, will have a direct impact on the pupil and parent experience going forward.

PROVIDE GROWTH OPPORTUNITIES

Career development programmes show staff they have a future with you. If you start the engagement early, for example, by celebrating successful ends to probation periods, then you can build on further strategies to maintain this engagement process throughout the employment lifecycle. Next steps could be to understand what staff seek regarding opportunities for growth and development in their longer-term careers with you.

CONCLUSION

The interplay between staff engagement and relations is critical for your establishment’s culture and growth. Where staff consider that they are listened to and have the space to communicate, employee relations challenges are likely to remain at the informal resolution stage. Fostering this kind of environment will begin to create a vibrant culture that attracts talent, retains valuable staff members, and ultimately goes a long way to support staff in seeking to deliver outstanding performance. The pupil experience is delivered by your greatest asset, your staff, and investing in them is investing in the future.

special focus | employee rewards

Reward excellence

Ruth Gladwell completes our special focus by reviewing how we reward staff

Basic pay and associated salary scales remain the main framework for how staff see their reward package. With a heightened attention to public sector pay in general, along with the minimum starting salary for teachers increasing to £30,000 in 2020, independent schools have been challenged to maintain their pay differential. While independent schools can highlight the many positives of the sector, including smaller class sizes and a personalised approach to learning, the lure of fewer hours, a guaranteed pay increase, and retention of a government pension with inclusive benefits does lead some teachers to seek the perceived greener grass of the public sector. However, there’s much more involved in strategic reward.

Reward systems in independent schools play a crucial role in attracting, retaining and motivating staff. In schools, rewards can include opportunities for professional growth and awards for teaching excellence, research contributions, or service to the school.

Financial benefits may include fee discounts and salary increments for promoted posts – rewards such as bonus payments for outstanding performance are less common in education compared to other workplaces.

Strategic rewards should ideally be based on the following principles: Equitable: Fair distribution based on contribution and achievement. This is a challenge to address within the

“Reward systems in independent schools play a crucial role in attracting, retaining and motivating staff.”

independent school sector as historically there has been a divide between the benefits provided to professional support services and teaching staff. However, operating a total reward strategy does avail the opportunity to address parity.

Timely: Prompt recognition to reinforce positive behaviour.

While employee benefit reviews generally take place annually at a budget planning period, regular reviews with staff will reveal areas of where professional development is sought, and when success has been achieved on delivery of a project. An immediate acknowledgement reinforces the desired behaviour and encourages its continuation.

Meaningful: Tailored to what is valuable for the staff.

Finding out what is sought by staff during their career with the school will enable that time to be positive and rewarding. Traditional benefits of illhealth retirement may be beneficial to some staff, but a multigenerational staff group will look for a variety of schemes including exchanging parts of their salary for bike or car purchases, and are likely to have a leaning towards more ethical and sustainable benefits.

PROFESSIONAL DEVELOPMENT

Investing in staff professional development is a reward that benefits both the individual and the institution. Opportunities for further education, training and attending conferences are highly valued rewards that contribute to career advancement. That said, the school would be looking to ‘protect’ any investment. Clawback agreements can be an effective method to set out terms of investment recovery. However, such agreements can be unwieldly from initial implementation through to debt recovery and the effectiveness of such agreement depends on their design and the legal framework within which they operate. Other strategies might include thorough recruitment processes and continuous

“Investing in staff professional development is a reward that benefits both the individual and the institution.”

training and development programmes. Ultimately, the best approach depends on the specific circumstances and how the school will realise the career aspirations of the staff member.

Pension schemes have been a reward subject under particular scrutiny over the past few years within the independent education sector. The Teachers’ Pension Scheme with fixed employee and employer contribution levels and inclusive benefits, has been seen as a critical component of the overall reward package offered to teachers. The scheme which includes an unfunded, defined benefit pension, death in service insurance and long-term sickness benefit has been perceived as providing longterm financial security and deemed as a significant factor in employee retention. The pension scheme offered to the professional support staff is highly likely to be different, with a money purchase, defined contribution scheme where there are varying levels of contributions. During the lead up to the long-awaited increase in employer and employee contributions for the Scottish TPS in spring this year, considerable research was being conducted to understand the consequence of any uplift for both the employer and employee. With the employers’ contribution rate being announced at 26%, along with the availability of phased withdrawal, schools have been considering various options. Considering the broader reward scheme may go some way to equalise

“Investing in staff professional development is a reward that benefits both the individual and the institution.”

the divide that is likely to be felt by professional support staff and, by gathering insight from employee engagement surveys, the school is likely to be able to identify what the staff perceive as benefits (both tangible and intangible). Essential elements within this are likely to include extra days holiday, health and wellbeing benefits and access to discounted leisure facilities. These

benefits demonstrate commitment to staff longer-term health and happiness.

CONCLUSION

Reward systems within the independent school sector are multifaceted, and there is no one-size-fits-all solution. Schools continually seek the ‘best-in-class’ reward model that addresses the financial imperatives faced by both institutions and staff. Operating with benefit models that are outside the control of independent schools may provide staff with assurance that there is alignment to external market forces, however it may lead to the schemes becoming outside the affordability zone, or sitting at odds with any internal equality programmes; it is most definitely a difficult area in which to consider change.

By tailoring rewards to encompass financial, professional and personal aspects, schools can better meet the diverse needs of their staff. This approach

fosters a culture of appreciation, leading to a more engaged staff group that supports retention and attraction.

Ultimately, the art of rewarding employees lies in understanding their individual needs and recognising their contributions in ways that resonate with them personally.

Finally, whatever strategy is considered, remember to reflect and measure the impact, as any solutions implemented will require tailoring.

“Reward

systems within the independent school sector are multifaceted, and there is no one-size-fits-all solution.”

Cash flow is key

Steve Harper, a partner at accountancy firm haysmacintyre, offers finance advice for heads

Understanding cash flow is a key aspect of understanding the financial health of any school. The purpose of a cash flow forecast is to provide a forward look at the school’s future receipts and payments, and it should therefore show you if the school has sufficient funds.

While the process of building a cash flow forecast will typically fall to the school’s finance team, it often requires input from multiple stakeholders. For example, an estates department will need to provide details of the timing of planned capital and maintenance works to forecast the cash outflows.

FOLLOW THE CYCLES

Understanding cash flow requires knowledge of the cycles of cash coming in and cash going out. In a school environment, many of the cash flows are predictable. For almost all schools, fee income will be the largest income source, and this typically arrives around the start of term. For those schools operating a direct debit system, this can be especially predictable. Staff costs are usually the largest cash outgoing, and they are also largely predictable through the academic year.

While some of the significant cash flows are predictable, there are always a range of assumptions such as the level of fee debtors. There will also be one-off payments to consider, such as those for capital works.

Building an effective cash flow forecast has four key steps:

1. Decide the period you are planning for. This will vary significantly from school to school and depend on its financial circumstances. Some schools need to look a very long way into the future when cash flow forecasting, for example when considering borrowing to fund capital works.

2. Assess and forecast the income. This should include both the core income such as fees and extras, as well as any trading income (for example, any lettings the school makes) and fundraising. It will

require a range of assumptions on pupil numbers, timing of payment of fees, the level of trading income, and so on.

3. Assess and forecast the expenditure. As with income, this involves assessing the various expenditures the school must make through the period and when it will be incurred.

4. Using the above information, assess the levels of cash (or rather bank) balances held. This will allow your finance team to identify any actions which need to be taken. For example, if cash appears low in a particular month you may need to draw down from an investment portfolio (if you have one), defer expenditure if possible, or arrange a bank facility such as an overdraft.

FOCUS ON KEY ASSUMPTIONS

Understanding how a cash flow forecast has been put together will support you in reviewing your cash flow forecasts. You should focus on any key assumptions that have been made and how reasonable those assumptions are. The cash flow forecast will be based on budgets, and therefore its reliability links to the reliability and robustness of the underlying budgets on which it is based.

It�s important that the cash flow forecast doesn’t just sit in isolation, but is a practical document used to inform the running of the school and your decisions. Having a full understanding of cash flow will also help you and the governors in making key decisions, such as investing in capital works. For those schools with significant cash balances, it can also help inform the decision to invest some of the available funds.

For those schools with banking covenants, cash flow forecasting may be especially important. Banking covenants are restrictions that a lender has put on the school. For example, they may require the school to maintain a certain cash level to ensure that it can make loan repayments to the bank. Therefore, it is vital that cash flow is accurately forecasted to identify any issues that

might result in a breach of the covenant at the earliest opportunity.

REVISIT REGULARLY

Once a cash flow forecast has been prepared, it is important that it is updated and revisited regularly. There will always be variances between the forecasts and the actuals because of the assumptions that need to be made, and therefore keeping the forecast updated ensures that it remains a useful tool.

For those schools with restricted or endowed funds, it will also be important to track these funds separately in the cash flow forecast. These funds cannot be used for the unrestricted (general) purposes of the school, so they need to be considered and tracked separately.

Finally, it can be helpful for your finance team to apply sensitivities to the cash flow forecast. This involves taking a range of assumptions and modelling what happens to the cash flow forecast. For example, if you had five more pupils or five fewer pupils, how does it impact on the cash flow?

Given the current climate, cash flow forecasting is an important part of your financial toolkit. Ensuring that you understand the cash flows, any key uncertainties, and any points at which cash may become too low for comfort, are important factors in enabling you to make effective decisions.

Steve Harper

Bank deposits

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Reasons to be cheerful

Mike Buchanan says optimism can become a habit of your leadership

Among others, the signature characteristics of successful school and college leaders are unfailingly positivity and encouragement, despite the difficulties and pressures of working in a high-accountability environment. In other words, they are unwaveringly optimistic in pursuing an excellent education for their students which enables them to change the world for the better.

There’s good evidence to support the pursuit of collective and individual optimism as a strategic characteristic for you and your organisation. For one, it helps you to keep a focus on your exemplary behaviour and how your actions, interactions and words help other people to live engaging, fulfilled, purposeful lives – in other words to be happy. Unwavering organisational optimism leads to more success, higher performance, and will save money that can be used elsewhere. Importantly, it also provides a firm foundation for stormy times when others place their trust in you, as a leader, and look to you to radiate wisdom and courage.

Work hard? We often labour under the myth that if we work hard, we will become successful and, once we are successful, then we will be happy. Thanks to decades of research in the area of positive psychology, led by Professor Marty Seligman, we now recognise that a positive, optimistic outlook is the precursor to success, not the result of it. Positive brains have a biological advantage and we can retrain our brains

“Unwavering organisational optimism leads to more success, higher performance, and will save money that can be used elsewhere.”

to maximise our positivity. Optimism conveys an organisational and personal advantage. How we see and navigate the world constantly changes according to our mindset and we can adjust our mindset to be more fulfilled. When we get stuck in a pattern of thought that focuses on stress, negativity and failure, we can retrain our brains to spot possibility and opportunity. When challenge looms and we get overwhelmed by negativity, we can learn to regain control by focusing on small, manageable goals and then gradually expand our horizons. What works for you will also work for your colleagues and students, but they need your permission, encouragement, support and protection from the inevitable sidewinds that will try to push them off course. By investing in your social network, one of the strongest predictors of success and excellence, we can amplify and complement each other’s willpower and determination. Lasting change is possible. And you need to give yourself permission to care for yourself without feeling guilty about it.

KEEP POSITIVE

Unwavering optimism is a core element of positivity and happiness. So, what does it look like and how do I bring about a transformation in my leadership? In her book, Vanessa King, positive psychology expert for Action for Happiness (actionforhappiness.org), has mapped out The 10 Keys to Happier Living that you can use to transform your leadership and organisation. These are equally applicable to the children and young people in your care. When reading The 10 Keys, imagine how you could enable these to happen for you, your team and your pupils – I’ve provided some starting points if you get stuck and the book has many more suggestions. Start with small, no-cost ideas you could do tomorrow and then look for possibilities and opportunities beyond those.

The 10 Keys for Happier Living (the pneumonic spells out GREAT DREAM):

• Giving: doing things for others and allowing others to do things for you by asking for help (try asking for help from colleagues when grappling with a problem; have a look at: randomactsofkindness.org for other great ideas).

• Relating: connecting with other people (try putting away your phone/laptop when in meetings so that you can listen intently and resist the temptation to interrupt).

• Exercising: taking care of your body (start a lunchtime walking club with pupils; bring your dog to work and walk it with others).

• Awareness: being mindful of yourself and your surroundings (visualise positive outcomes before crucial meetings to be aware of and control how you are feeling).

• Trying out: learning new things (use some of your training budget to let staff learn an instrument or to sing).

• Direction: having goals to look forward to (put postcards of your next holiday, meal etc on your desk; map out fun things in the future for colleagues and pupils).

• Resilience: finding ways to bounce back (notice triggers that give you psychological strength so you can bring them to mind, such as spending time with friends; spend time doing things that occupy your mind and give you

Mike Buchanan

“We now recognise that a positive, optimistic outlook is the precursor to success, not the result of it.”

pleasure; find a coach or mentor).

• Emotions: Looking for what is good (keep a daily diary of three things for which you are grateful and start your day reviewing these from the previous day; start a gratitude wall in the school).

• Acceptance: being comfortable with who you are (ask people to tell you what they admire in you and accept their compliments with thanks – and do the same for them; ask colleagues to do the same with pupils).

• Meaning: being part of something bigger (volunteer in your community; share why this is important to you with others; enable your colleagues to do the same).

Enacting one or more of the above, even in the smallest way, can produce an immediate and significant boost for you and your school; making them habitual can transform. Underlying all of them is your unwavering optimism that these changes will positively affect you and those around you.

In our current climate of high-stakes accountability it’s easy to focus on trying to put sticking plasters on the ills and injuries such a climate engenders. While necessary, this is not enough. The challenge for us all is to look beyond sticking plasters to building personal and organisational capacity to deal optimistically with the ebb and flow of the academic year and to look for joy in what we do and how we live.

MAKE AN IMPACT

Infusing positivity into your work surroundings can have an enormous impact on your mindset and sense of wellbeing. Personal mementos can be infusions of positivity and optimism. Spending time outside during the working day can boost mood, broaden thinking and improve working memory – at least one colleague of mine now conducts

one-to-one meetings while walking. Spending money on meaningful, collective activities for other people boosts positive emotions that enhance motivation and work performances – I was astounded by what a positive impact spending some of our professional development budget on paying for music lessons for staff had on the culture of the school.

“Unwavering optimism is a core element of positivity and happiness.”

We cannot be happy continually even if we wished to be. However, we can build our optimism muscles to help us cope and flourish in times of adversity and so that we experience joy and enable those around us to experience joy too. That’s what unwavering optimism is all about.

Mike Buchanan is founder of PositivelyLeading.co.uk and is the former executive director of HMC.

A little self-reflection

Preena Patel, a solicitor at law firm BDB Pitmans, asks whether you should consider a governance review

Good governance is key to the long-term effectiveness and sustainability of any independent school. Given its charitable status, purpose and the enhanced regulatory scrutiny, governors must be able to demonstrate how well their school is governed. It is, therefore, essential to have efficient and transparent systems in place to help your school reach its potential, as well as to help manage risk, and a governance review can help ensure these systems are in place.

WHAT’S THE PURPOSE OF A GOVERNANCE REVIEW?

The purpose is to examine the governance structure of a school and its effectiveness alongside the school’s operations and performance to ensure best practice, accountability and risk management, while ensuring alignment with the school’s vision and mission.

There is guidance from the Department for Education in relation to external governance reviews generally which suggests that reviews should:

• consider the process and impact of decision-making,

• consider the impact of the governance support provided to the board, and

• test compliance with mandatory requirements.

Ultimately a review should enable governors to provide reassurance that the way in which a school is operating

“Ultimately a review should enable governors to provide reassurance that the way in which a school is operating is as effective and efficient as possible.”

is as effective and efficient as possible and is in line with the school’s strategic direction and in furtherance of its pupils’ education. There are several outcomes and benefits to undertaking a governance review, the most important being an opportunity to assess:

• the effectiveness of a school’s current policies and procedures and the level of accountability and leadership shown by the board,

• whether the existing policies and procedures align with best practice, and

• any potential risks and how best to mitigate them.

WHAT ABOUT THE CHARITY COMMISSION AND THE CHARITY GOVERNANCE CODE?

At charitable independent schools, governors are trustees and therefore have fiduciary duties including to act only in the best interests of their charity beneficiaries and to ensure compliance with the Charity Commission's standards of governance which extend to the Charity Governance Code.

The Charity Governance Code is a practical tool to help charities develop high standards of governance. The Code has no legal or statutory standing but it does build on guidance from the Charity Commission and the Commission does expect the Code to have been considered by charitable independent schools.

The Code states that “good governance in charities is fundamental to their success… and as a sector we owe it to our beneficiaries, stakeholders and supporters to demonstrate exemplary leadership and governance” and sets out seven deliberately aspirational principles of good governance and each principle is followed by recommended practice about how best to comply with that principle.

As part of any governance review, the seven principles, as set out below, should be considered:

• organisational purpose,

• leadership,

• integrity,

• decision-making, risk and control,

• board effectiveness,

• equality, diversity and inclusion, and

• openness and accountability.

HOW IMPORTANT IS THE ROLE OF THE CHAIR IN BUILDING AND LEADING AN EFFECTIVE GOVERNING BODY?

The first principle in the Charity Governance Code relates to organisational purpose, meaning that a governing body must be clear about its school’s aims and ensure they are being delivered effectively and sustainably.

The role of the chair is to keep the governing body focused on providing proper oversight of the delivery of the school’s strategic aims and to build and maintain a governing body which collectively has adequate skill and experience to oversee the operations of the school. As part of this, and as part of setting the strategy of the school, the chair will need to consider the school’s governance – everything from committees and terms of reference to policies/governance manuals and trustee skills audits. Once the chair has determined the structure of the board, including its committees and where skills lie, the board can work together in undertaking a governance review and implement any recommendations arising.

Preena Patel

“The role of the chair is to keep the governing body focused on providing proper oversight of the delivery of the school’s strategic aims.”

WHEN SHOULD YOU CARRY OUT A GOVERNANCE REVIEW?

The Charity Governance Code recommends that a board periodically reviews the organisation’s charitable purposes, and the external environment in which it works, to make sure that its operations and its purposes stay relevant and valid.

Generally, we would expect governors to review aspects of their governance procedures on an annual basis to ensure they are fit for purpose and will withstand challenge. There may, of course, be times at which a specific review is required, for example, if your school is thinking of restructuring or is aware of underperformance or a specific incident.

More generally, the National Council for Voluntary Organisations recommends (in line with accepted good practice) that a more in-depth review should be timetabled and carried out, with external assistance, every three to five years. There’s no one-size fits all approach to the timing but such reviews can take time and so it’s crucial that there is sufficient forward planning to ensure that adequate board time is carved out, and resources allocated.

SOME PRACTICAL TIPS ON HOW TO CARRY OUT AN EFFECTIVE GOVERNANCE REVIEW

What to focus on as part of a governance review will largely depend on what you want to achieve for your school in the first place. Here are some key points to think about in beginning the review process:

• Scope of review – be clear as to what is and is not being reviewed and what the aims and expectations of the review are; set measurable reporting goals with clear outcomes and milestones/ time frames at the outset to ensure that everyone is on the same page.

• Consider establishing a working group/committee to lead the review – although the review must be led from the board, the governors can

delegate oversight of the review to a working group/committee with clear terms of reference in place as to its scope. The board may also want to consider whether it needs any external professional advisors to assist.

• Benchmarking and compliance – review what is considered best practice in the area, taking into consideration guidance from the Charity Commission, the Department for Education and other organisations supporting schools; clarify what your school does to comply with best practice guidance and also mandatory regulations and requirements to assist in setting the tone of the review.

• Agree a review action plan – consider what you want to achieve and set a plan (with terms of reference) as to how best to action that. This may include reviews of policies and procedures or the constitution, implementing training, or drawing up new policy documentation. Factor in stages for each element of the review.

• Implementation phase – ensure that there is some form of reporting framework in order to measure progress and impact. Remember that challenge and scrutiny of the school’s governance can help build a strong and robust board with the means to tackle any incident arising.

refinancing

Secure finance with care

Sarah Outram, a legal director for law firm VWV, outlines key considerations when refinancing schools� property portfolios

Refinancing a property portfolio is a strategic financial exercise that can bring substantial benefits to schools. We have seen an increase in schools refinancing their portfolios over the past 12 months and, in some cases, making significant savings on repayments. While interest rates are lower, refinancing can help with improved cash flow, and enhanced funding for capital projects. However, they require careful analysis and planning to navigate the complexities involved. This article explores the key issues schools should consider when contemplating the refinancing of their property portfolios alongside the Charities Act 2011 requirements for schools that are charitable in nature.

LEGAL AND REGULATORY CONSIDERATIONS

Refinancing involves various legal and regulatory aspects. Schools must ensure compliance with relevant procedures (and Charities Act requirements if applicable). This includes understanding tax implications and any restrictions related to the use of the property.

Given the complexity of refinancing projects, schools should consider engaging other professional advisors at an early stage. Financial consultants and advisors can provide invaluable assistance in evaluating options, negotiating terms, and ensuring compliance with all legal and regulatory requirements. Engaging early with solicitors too can help navigate these complexities and ensure all legal requirements are met.

“Having conversations with an existing bank six to 12 months ahead of the proposed completion date is prudent.”

TIMESCALES

Depending on how complex the school site is, a charge can take some months to finalise. It is therefore important to plan ahead, particularly if there is a current legal charge with a maturity date. Having conversations with an existing bank six to 12 months ahead of the proposed completion date is prudent.

LEGAL DUE DILIGENCE

The bank will want to conduct due diligence as thoroughly as if it were purchasing the property. This means that it will require an independent survey of the school site and want to undertake the usual searches including local authority and environmental and it will also require lengthy replies to Commercial Property Standard Enquiries (CPSE) to be provided. The law firm acting for the school may be also instructed to act for the bank, however the bank may have its own lawyers it wishes to use. The school will be responsible for paying for the bank�s legal fees.

One of the key early steps is to check whether all of the school�s property is registered at the Land Registry and to note whether any of the freehold titles contain additional restrictions which would need to be considered on completion of a refinancing exercise. This could include consent required from a third party, or add complexity if the school site was held as permanent endowment or specie land. The more titles a school has, the more complex the process can be and early conversations with the bank regarding the area over which the charge will be required can be helpful. Looking at the title early also gives the legal advisors the opportunity to make any applications to the Land Registry that may be required to tidy up the registered titles.

At an early stage, it is sensible to start to pull together the regulatory and other paperwork which would need to be disclosed (for instance asbestos reports; planning documentation; fire safety and details of any construction projects over

“One

of the key early steps is to check whether all of the school � s property is registered at the Land Registry.”

the past 10 years, along with copies of consents and guarantees which are still valid). This can be quite time consuming and starting to gather the information at the outset can be helpful to manage workloads of the bursar and estates team, through the process.

If a bank has separate lawyers, there are often several sets of additional due diligence questions once the initial disclosures have been made. These aim to assist the lawyers in understanding the site so that they are able to confirm that the bank would be able to obtain �good and marketable title� if the school defaulted and the bank needed to repossess the property. The additional enquiries often relate to third party occupiers, building work or compliance with the statutory regulations (fire safety for example).

Sarah Outram

refinancing

“If a bank has separate lawyers, there are often several sets of additional due diligence questions once the initial disclosures have been made.”

THE BANK’S DOCUMENTATION

Usually the bank will require a legal charge (or several if there are separate title numbers), a debenture and may also require guarantees depending on the structure of the school company. The bank will have its own precedent documentation which cannot be amended save to reflect the corporate entity of the borrower. We typically need to make amendments to add Charities Act clauses.

Following completion of the loan, the bank will require a restriction to be put

on the registered title to the property. The restriction means that without the bank�s written consent you are unable to mortgage, sell, licence, lease or share possession of the property.

The loan will also typically include a number of other requirements on the school including:

• Keeping the property in good repair and condition.

• Not making any material alterations or applying for planning consent without the consent of the bank.

• Keeping the property insured.

CHARITIES ACT 2011

When granting security over land, a school, being a charity, must follow the procedures set out in section 124 of the Charities Act 2011 (restrictions on mortgages) in order to avoid the need for Charity Commission consent to the grant of the security.

The charity trustees are required to obtain and consider advice in writing on the following points before entering into a legal mortgage:

1. Whether the new facility is necessary for the purpose for which it is sought.

2. Whether the terms of the proposed

new facility are reasonable.

3. Whether the school is able to repay the loan on the terms proposed.

This advice must be from someone reasonably believed by the charity trustees to be qualified by his or her ability in, and practical experience of, financial matters, who has no financial interest in the legal mortgage or any other transaction in connection with it.

If a report is not obtained, the school would need to obtain an order from the Charity Commission to be able to complete the refinancing.

The trustees will need to hold a meeting to consider the report and then agree the terms of the loan, pass the section 124 resolutions, and agree to enter into the various bank documents following which completion of the refinancing can take place.

CONCLUSION

Refinancing a property portfolio can provide schools with significant financial benefits, but it requires a significant investment in time and gathering information for the bank. The process can be lengthy, but an early due diligence exercise can speed up the process.

Prevention is better than cure

Simon

Johns, a partner at property firm Gerald Eve, says buildings maintenance is undervalued by schools

With more than 17 years’ experience in undertaking building surveys, I thought I’d seen it all in terms of the condition of a building, the various stages of disrepair or commonplace defects. I continue to be surprised at how wrong that assumption is.

“Every building is different” was a sales pitch I was given when researching my options about what a career in surveying would look like. This quote has never lost its impact since I first heard it.

I’ve been fortunate enough to undertake a large number of building surveys within the education sector across the country, spanning from Plymouth to Peterborough, and Stockport to Southampton.

Mainly schools (both charity-owned and for-profit schools groups) have been very attentive as to general day-to-day property maintenance, regular upkeep and improvements, while other schools perhaps not so much.

GETTING THE PRIORITIES RIGHT

The key focus of all schools is education, this is the core of the business or its charitable objects. In various priorities thereafter are staff, recruitment, finances, outdoor and indoor facilities, food safety, insurance, hygiene, training and so on. Among all of this is your property and its regular maintenance and improvements.

The trend I have witnessed is generally how low down the priority list upkeep

“The trend I have witnessed is generally how low down the priority list upkeep and maintenance of a school and its property estate has become.”

and maintenance of a school and its property estate has become. Whether schools are consolidating their existing sites, expanding or merging, maintaining property has never been more important.

With the looming threat of VAT on school fees and the potential impact on pupil enrolment, the scrutiny of your property’s maintenance and how well it presents to parents and pupils is even more pertinent.

In-house property due diligence in terms of reviewing your property is essential to ensure it remains fit for purpose, provides a safe learning and nurturing environment, and promotes an edge over any local rival schools. I have frequently inspected sites where a school hasn’t seen a paintbrush for more than 20 years, or where floor coverings are beyond their life expiry, the electrical installation dates back to the 1970s, or where ad-hoc ‘bodge’ jobs have compromised health and safety. I’ve seen leaks in a classroom and the facilities team confused as to why they continue. A cursory look on the roof usually identifies the root cause, whether it be leaking or blocked gutters, vandalism or removal of lead flashings, or through merely the effluxion of time, the waterproof roof covering now being at (or even beyond) its expected useable life. The vast majority of the defects and items of disrepair encountered are seen as preventable through proactive property maintenance.

NIPPING IT IN THE BUD

Capturing and undertaking preventative work (rather than reactive) is usually a far less costly exercise than permitting issues to exacerbate and snowball into something far larger. As an example, last year I witnessed a severely leaning chimney stack on a converted Victorian school building. The prognosis was sulphate attack owing to long-standing wetting and drying over a long period of time. The school was unaware. The impact, should the chimney stack have toppled into the playground, was unimaginable and at worst, could

have resulted in a tragedy. The reactive remediation I recommended was a full reconstruction of the chimney stack. This may appear quite an excessive repair, however the reactive measure was the only viable option given the pronounced lean of the chimney.

The preventative alternative, upon witnessing failure of the brickwork and mortar pointing at the start of its initial deterioration, would have simply been localised brickwork repairs and repointing. This would have given stability to the chimney and been far cheaper. This is just one example where a preventative measure hands down trumps a reactive repair. Contemplating the ‘what ifs’ had the chimney actually collapsed into the playground is difficult. Not just the cost to rebuild the chimney, but also the potentially grave health and safety impact and reputational damage to the school.

Unfortunately, many schools are currently too financially constrained to keep a property in a suitably maintained condition or commensurate with the requirements of any lease obligations.

TAKE CONTROL

A planned preventative maintenance (PPM) plan is a useful tool to provide foresight as to future remedial and maintenance works, alongside providing a budgetary estimate which can be incorporated into forecast cash flows.

Simon Johns

This is something your operations or facilities team, or a building surveyor can assist you to prepare. A PPM will clearly illustrate and forecast what building, mechanical, electrical and public health services, statutory compliance, and health and safety aspects need attention, based on a priority basis considering their existing condition.

IMPACT ON TRANSACTIONS

If you are contemplating a transaction, ‘getting your house in order’ will assist a transaction process, making it more straightforward and less combative if preventative measures are taken now.

We, along with many others, anticipate greater numbers of school mergers and acquisitions over the next few years. Buyers of schools almost always commission a building survey as part of their due diligence (along with a valuation, legal, property, commercial and financial due diligence).

Once a building survey is instructed, an experienced surveyor will root out

property defects. A report will follow, which will highlight the property’s poor condition, lack of maintenance and investment, together with the remedial costs to bring it back into the expected condition. The effect of this will be to:

a) give a buyer ammunition to renegotiate and reduce the agreed price, and

b) substantially delay the acquisition process.

Worst case, we have seen poor condition and lack of investment in school property resulting in transactions failing.

Buyers are currently more cautious with acquisitions. If a school is making a loss/ deficit, prices paid are generally equating to vacant possession value, less a discount for costs to bring a property into repair (catch-up capex). We have been involved with several transactions where buyers have successfully negotiated millions of pounds off the agreed price to reflect substantial costs for repairs. One school we advised had a repairing liability of more than £1 million for the windows

“In-house

property due diligence in terms of reviewing your property is essential to ensure it remains fit for purpose.”

alone. In a further example, another forprofit schools buyer negotiated a financial commitment for the vendor (a charity) to pay for the school’s capex of up to £2.5 million post-completion.

Your school property is a valuable, essential piece in the jigsaw of its ongoing operations. The significance of it and its ongoing maintenance must not be ignored. Whether or not you are considering a sale/merger in the near future, do give your own property its necessary due diligence in advance.

online danger

Defend against grooming

Safeguarding trainer and consultant Dave Wasley paints a scenario of a serious safeguarding threat involving an independent school and the best ways to deal with it

On a Monday at 8.30am the distraught mother of a nineyear-old pupil asks to speak to the head immediately. Her child is a weekly boarder. She meets the head and reports that over the weekend she checked her daughter’s internet history and was horrified to see that she had been looking at pornographic sites.

She spoke to her child who talked about meeting a “special friend” while playing a child’s game online. She had apparently joined a chatroom with the friend and disclosed to her mum that she had sent some “naughty” pictures (in which she was posing naked) and made a special video for the friend. She told her mum it was a grown-up game and she had been in her bedroom at home. She is very frightened.

The child said two other schoolfriends had played the same game. They had a sleepover recently and while upstairs alone they had also sent pictures of themselves to the “special friend”.

The parent tells the head she does not want anyone else involved as she’s embarrassed about what has happened. She is good friends with the other children’s parents and insists they are not told.

The school could consider the following possible courses of action:

OPTION 1

Do what the mum says:

• Advise the mum to tell her child not to send any more pictures.

• Tell her to delete any photos and videos.

• Don’t tell the other parents.

“She

spoke to her child who talked about meeting a ‘ special friend’ while playing a child’s game online.”

• Send a letter to parents about general e-safety issues.

• Run a general e-safety session later in the term for children.

OPTION 2

Speak to the child to get a full account of what happened:

• Ask the girl to name the other children and then speak to those children.

• Tell them to delete any photos and videos they have.

• Contact the relevant parents and ask them what they want to do.

• Do nothing else at this stage.

OPTION 3

Reassure the mum:

• Keep an accurate record of what she says.

• Immediately ascertain if the child and the other children are safe. If not, consider what needs to be done.

• Follow the established safeguarding procedures irrespective of mum’s wishes.

• Tell the mum not to delete anything.

• Ascertain the identity of the other children. Pass this information to social services when making the initial referral.

• Consider how to offer ongoing support.

• Run some additional e-safety lessons.

• Arrange an e-safety session for parents.

WHICH IS THE BEST OPTION?

Option 1

This is not a good choice. Although the school might abide by the parent’s wishes, it’s not addressing the safeguarding issues. The school has an obligation to report this matter in line with safeguarding procedures. The school must consider the other children.

Option 2

This is another poor choice. It’s not necessary to speak to the child as the school has the parent’s account of what happened. Irrespective of the parent’s wishes, this needs to be reported. There are already three victims and there could be more.

Option 3

This is the only correct option. Always

make a comprehensive record and retain it. Always ask whether the child is currently safe. Once this matter has been reported, the school needs to consider how to support the children in the future and consider how to address issues about online safety for existing children and parents.

It is advisable in a situation like this or similar situations to take the following actions:

• Listen carefully and make an accurate record.

• Always consider the child’s current safety.

• Ask the parent to retain any evidence.

• Reassure the mum and child (the child has done nothing wrong and should be praised for telling her parent).

• The school has a duty of care and must report this irrespective of what the parent wants. The safeguarding and welfare of all children are paramount.

• Review whether the school knows how to support a child in these circumstances.

• Consider whether, as a governing body, you are satisfied that the school provides sufficient guidance to pupils about online risks. Review your e-safety policy.

• Consider whether, as a governing body, you are satisfied the school is doing all it can to provide similar advice to parents.

• Consider whether, as a governing body, you have sufficient oversight of safeguarding issues.

Dave Wasley

“The parent tells the head she does not want anyone else involved as she’s embarrassed about what has happened.”

• Consider whether your school has trained CEOP (Child Exploitation and Online Protection) trainers who can deliver e-safety training.

• Is the school signed up to the parents information service provided by CEOP at: ceop.police.uk to enable it to stream e-safety advice to the school website?

• Ensure all school governors receive safeguarding training.

On 29 April, the National Crime Agency issued an alert to hundreds of thousands of education professionals following a considerable increase in global cases of financially motivated sexual extortion – a type of online blackmail widely known as ‘sextortion’.

Sextortion involves people being forced into paying money or meeting another financial demand, after an offender has threatened to release naked or semi-naked photos of them. This could be a real photo taken by the victim, or a fake image of them created by the offender.

The unprecedented warning comes after the number of global sextortion cases reported to the US National Center for Missing & Exploited Children more than doubled last year, rising to 26,718 compared to 10,731 the year before.

Both sexes and all age groups are being targeted, but a large proportion of cases have involved male victims aged between 14 and 18 – 91% of victims in UK sextortion cases dealt with by the Internet Watch Foundation last year were male.

These crimes can be perpetrated by overseas organised crime groups, predominantly in some West African countries, but some are also known to be located in Southeast Asia. They are motivated by making money quickly, rather than by sexual gratification, and in some cases have gone from initial contact to blackmailing victims in under an hour.

Advice to parents and carers if their child says someone is trying to trick, threaten or blackmail them online is don’t pay, stop contact and block.

You may be tempted to pay, but there’s no guarantee this will stop the threats. As the offender’s motive is money, once you’ve shown you can pay, they will probably ask for more and the blackmail will continue. If you’ve already paid, don’t panic but don’t pay anything more. Help your child to stop all communication with the offender and block them on any accounts they have been contacted on.

Avoid deleting anything. Try not to delete anything that could be used as evidence, such as messages, images, telephone numbers and bank account details.

Report to the police or CEOP and call 101 or 999 if there’s an immediate risk of harm to your child. Or you can use the CEOP Safety Centre to report any online blackmail attempts.

Adults can also support youngsters in getting their images removed using Childline and the Internet Watch Foundation’s Report Remove tool, the National Center for Missing and Exploited Children’s Take It Down tool, and reporting to the platform or app it has been shared on.

Further information for parents and carers on how they can support their child can be found in the CEOP Education’s online blackmail article.

safeguarding

Teacher’s tipsy trip up

Law firm BDB Pitmans partners Tim Hayes and Jonathan Brinsden consider a scenario about a complaint against a teacher’s behaviour on a school trip

School trips are often the highlight of the year for pupils. However, a lot of preparation and hard work is required to ensure that trips are a success and the welfare of pupils is secured.

Governors are not directly involved in the organisation of school trips, but the governing body has ultimate responsibility for safeguarding and health and safety matters, both of which are central to trips and visits.

SCENARIO

A school trip has just returned to school and a parent has made a complaint about the behaviour of one of the teachers towards their child.

The teacher was responsible for taking a group of Year 10 students to the South of France. The week after the pupils returned, one of the parents phoned her son’s form teacher and complained that, according to her son, the teacher had spent three of the evenings at the local wine bar and returned drunk to the hostel where the pupils were staying. He did not come into contact with the pupils when drunk but they heard him swearing and making inappropriate and racist comments.

WHAT SHOULD THE GOVERNORS DO?

Option 1

Summarily dismiss the teacher without notice so that the parent can be reassured that this problem cannot happen again and make it clear to the school’s staff that the teacher’s actions breached school policy.

“The governing body has ultimate responsibility for safeguarding and health and safety matters.”

Option 2

Have a meeting with the complaining parent and defend the teacher’s actions (he’s a bit eccentric and enjoys his wine but he has been at the school for years, his pupils always get really good exam results, and he’s really popular with parents and teachers alike).

Option 3

Investigate the matter. The teacher can continue to teach during the investigation.

Option 4

Suspend the teacher on full pay, pending investigation of the matter. Investigate the matter and then report the findings to the teacher, parent and pupil(s) concerned and determine whether to invoke a disciplinary procedure.

WHICH WAS THE BEST OPTION?

Option 1

Unless the facts of the matter are completely beyond dispute and are sufficiently serious to constitute a material breach by the teacher of his contract of employment (thereby enabling the school to refuse to pay notice) summary dismissal without investigating the allegations would be an inappropriate knee-jerk reaction. It could open up the

school to the risk of a claim of unfair dismissal by the teacher, which may have serious reputational and financial implications. If the school is seen to ignore its own disciplinary policy, however, it may cause upset among other staff.

Option 2

There’s a clear distinction between introducing pupils to and enjoying French culture and indulging to excess during a school trip and engaging in wholly inappropriate behaviour. The governors should be guided in this scenario by their desire to ensure pupils’ welfare. The school cannot simply defend the teacher against the allegations, unless it’s patently clear that the conduct didn’t occur. The school should meet the parent and ascertain exactly what occurred as part of its investigation into the incident. If, having investigated the matter, the school later decides that the teacher’s conduct justifies invoking a disciplinary procedure, it will be essential to provide as much information as possible to the teacher about the allegations. A written statement or letter from the parent, rather than relying on a reported phone call, would lay out the allegations clearly. In the meantime, the parent should be reassured that the complaint is being taken seriously and that the matter is being dealt with as a matter of urgency.

Jonathan Brinsden

Tim Hayes

Option 3

Depending on the nature and severity of the allegations, it can be appropriate to suspend a teacher pending the outcome of the investigation. Suspension is generally only appropriate where the alleged conduct is sufficiently serious, or if there is a threat to the school (such as reputational damage) if the teacher remains on campus during the investigation, or if it is not possible to conduct a proper investigation of the matter without the teacher being away. Suspension is a serious step and there must be reasonable grounds to justify suspension, and so thought will need to be given to the circumstances in each case. In this scenario, given the severity of the allegations, suspension on full pay pending the outcome of the investigation would be appropriate. Keeping the teacher at school might be inappropriate for a number of reasons, such as the teacher’s dealings with the pupil whose parent has complained, the knowledge held by pupils and staff that the incident has occurred, and the reputational damage were the school to be seen not to be taking the matter sufficiently seriously.

Option 4

This is the most appropriate response. The first course of action should be for the form teacher to consult the head and make a written record of the complaint. As highlighted above, suspension is appropriate here and the matter should be investigated thoroughly and objectively and with reference to relevant school policies and procedures, including those governing complaints, school trips and staff conduct. Potential witnesses, such as other members of staff on the trip, should be interviewed as well as the

“The teacher had spent three of the evenings at the local wine bar and returned drunk to the hostel where the pupils were staying.”

teacher himself. The investigation should be treated as a fact-finding mission; it is important not to jump to any conclusions or make snap judgements about the teacher’s conduct. The conclusion of the investigation should be communicated to the teacher and the teacher’s conduct dealt with as appropriate according to the disciplinary procedure. If the allegations turn out to be well-founded, dismissal could be a justifiable course of action.

SUMMARY

A full investigation is the best course of action. Had the teacher not made racist remarks, and the investigation had found that the teacher had simply had a couple of glasses of wine and had been a little louder than usual, the most appropriate course of action might be to issue an informal verbal warning. If, however, this was not the first incident of such conduct by the teacher, the school might consider issuing a formal written warning as part of a formal disciplinary procedure. If the school considers that dismissal is the most appropriate course of action, given the potential for reputational damage and a potential claim by the teacher before an employment tribunal, it may also wish to consider

offering a settlement package to the teacher in return for his waiving his employment rights and agreeing to certain confidentiality obligations. Any settlement offered would need to take into account the school’s obligations as a charity (if it is one).

In addition, the governors should ensure that relevant school policies, for example those relating to staff conduct, school trips, health and safety and safeguarding are reviewed and that they have been effectively communicated to all staff.

TOP FIVE TIPS

• Avoid jumping to conclusions –investigation and objectivity are key elements to a fair procedure.

• Monitor social media to ensure that parents and/or pupils are not making negative comments online about the incident. Press stories about inappropriate behaviour by teachers are not uncommon and the local or national press can easily pick up on social media comments and use them as a basis for a damaging story.

• Make sure you follow your school’s internal policies and procedures (particularly those relating to school trips and employees) and ensure that there is a system for the governing body to review those policies on a regular basis (the trips and visits governor –is there one? – will have particular responsibility for this area).

• Make sure that the staff and governing body have appropriate safeguarding training and that records are kept of that training. Also ensure that all staff know about any relevant policies.

• If in doubt, seek legal advice to avoid any pitfalls along the way.

Suspension scenario

Anthony Longden, a consultant at PR firm Alder, explores a hypothetical case involving the treatment of a pupil accused of bullying

Apupil has been suspended after multiple allegations of bullying, including serious physical assault and mental humiliation. The school’s safeguarding procedures were engaged as soon as the incident came to light, and the appropriate authorities – including the police – are investigating. There are several witnesses to the assaults, and it’s clear that exclusion, and even an appearance in court, may follow.

The boy’s parents have reacted very badly and don’t accept the allegations at all, claiming in emails to the head and in round-robin emails to other parents that their son has been the victim of systematic bullying himself and is being unfairly singled out. They have hinted that they will go to the press if the “injustice” against their son continues. Given the profile of the school and the identity of the parents (who are prominent fundraisers for a political party), this threat cannot be discounted. They have refused to meet the head or to provide any evidence about their own claims (though they say it is damning about the involvement of two other boys).

The parents send increasingly hostile emails about the head and the senior leadership team to other parents. There is discussion on a WhatsApp group, but so far nothing has appeared on Twitter. Opinion remains divided among the parent group about who is telling the truth, and increasing numbers of parents from the relevant year group are contacting the head with a variety of concerns.

“There is certainly merit in reminding people about the constraints you are operating under.”

The school contacted both the police and children’s services to make them aware of the developments, but apart from acknowledging the communication, the head has heard nothing further from them.

HOW SHOULD YOU REACT?

Option 1

Explain via email to parents who have contacted you that the official investigation has to be left to run its course, repeating this line where necessary, and allow things to quieten down naturally.

Option 2

Firmly warn the alleged bully’s parents that they must cease all discussion and speculation on WhatsApp and via email because it is undermining the investigation, and warn them that they may well face legal action if they persist. Contact the authorities and urge them to intervene as a matter of urgency, and if the parents don’t cease their activities, send them a legal letter to say you will take formal action if they continue.

Option 3

Prepare for media attention by drafting a holding statement and Q&A document, and changing your social and digital media monitoring settings so they capture different keywords and send you alerts in real-time. Convene your crisis communications committee and ensure it meets regularly as things unfold.

Option 4

Keep the offer of a meeting with the alleged bully’s parents open. Invite other parents to meet you to discuss their concerns. Follow-up with a letter confirming what was discussed in the meeting. Consider writing to all parents in the year group, informing them of the situation in outline, and reassuring them that it is being swiftly and appropriately dealt with. Conduct a confidential briefing with staff.

Option 5

Write a school-wide letter to all parents, explaining the situation in outline, reminding them of the need to let the investigation take its course.

WHICH IS THE BEST OPTION?

Option 1: send an email

With such a strength of feeling, this risks being too passive and may inflame the situation by appearing to be too detached. However, there is certainly merit in reminding people about the constraints you are operating under and the fact they need to take care not to undermine official investigations, since these things are often forgotten in the heat of the moment. If you start with this approach you will need to bear in mind that you may quickly need to escalate your response.

Option 2: warn the parents

While these may be valid points, taking this course could come across as heavyhanded and defensive. Informing the relevant authorities of what’s going on is sensible since it’s their responsibility to protect the integrity of their investigations, but in some cases their speed of response can lag significantly behind the pace of events, and you may need to send the boy’s parents a firm letter of your own.

Anthony Longden

“The offer of faceto-face meetings can quickly change the dynamics of these situations and help defuse tension.”

Option 3: draft a statement

This is fine as far as it goes, but doesn’t amount to a full strategic response. It is advisable to prepare for media attention, even if the risks are relatively low, because modern journalism moves at such a fast pace that you will have little time to react if you are not properly prepared. You don’t want to be on the back foot from the start.

Option 4: hold a meeting

Even given the limitations on what you can say, the offer of face-to-face meetings can quickly change the dynamics of these situations and help defuse tension. However, you will need to be very well prepared with ‘lines to take’ given the constraints of the official investigations. Writing to the parents of the year group is a sensible step if rumour and speculation about the situation continue. Staff should be briefed so that they can refer any queries directly to the head, and urged to discourage any discussion they encounter.

Option 5: send a letter

It will be better to keep discussion of this matter to as small a group of people as possible, but you may have to issue wider communications if widespread discussion looks inevitable, perhaps as a result of media attention. An all-parent communication should not, however, be your first step.

LESSONS LEARNED

• Never lose sight of the fundamental motivation of people in circumstances like these, even when their behaviour is unreasonable or erratic. The reaction of the alleged bully’s parents is by no means unusual – they are channelling their shock, dismay, anger and, probably, embarrassment into lashing out. The school is the obvious target for their ire, and it is crucially important that it maintains a calm, authoritative and consistent approach in dealing with them. Keep lines of communication open, even if offers are repeatedly rebuffed.

• Ensure your response is proportionate. You can always escalate your response according to developments, and there is therefore no need to start with a full public discussion about the matter.

• Don’t allow the limitations of a live investigation to discourage you from communicating. Even in situations where you cannot say much, it’s important to explain precisely why this is. Done promptly and clearly, it can often serve to provide the degree of

reassurance parents need in the early stages.

• Monitor what’s being said about the matter carefully, but in no circumstances engage directly on social media. Report all examples directly to the investigating authorities – they are the appropriate route for countering material that risks undermining the process. While it does occasionally happen, social media commentary at such times is rarer than many people imagine.

• The use of WhatsApp groups should not unsettle you unduly. These are classic ‘echo chambers’, essentially a discrete group of people talking among themselves in a closed forum. It is therefore self-contained. While you may not know the precise details, school communications through the normal channels remain the best means of countering this kind of activity.

• Although tensions are high, there is limited news value in this situation, dampened further by the range of reporting restrictions relating to cases involving children. Nevertheless, it’s always advisable to plan ahead with reactive media statements. These should only be issued in response to a direct enquiry from a journalist, and will merely confirm the school acted swiftly and responsibly in line with its safeguarding procedures as soon as it learned of the situation, that the matter is being investigated, and the school cannot therefore comment further at this stage.

early years

Attract the parents

Katie Cardona explains how a nursery can drive up pupil numbers to a school

For the June edition of this magazine, I wrote an article setting out the value of having a nursery as part of your school, pointing out that one of the main attractions is the nursery acts as a recruitment tool for the prep school.

Attracting families to join your nursery and ensuring they stay through to the prep school, and beyond if you are an all-through school, involves a 360-degree approach that combines strong branding, high-quality education, effective communication and ongoing support for families.

So, how can you attract families to your nursery and encourage them to stay for the prep school, ensuring a continuous and enriching educational experience for their children? Here are our top tips:

CREATE THE SEAMLESS JOURNEY

• Ensure that the nursery and prep school are seen as parts of a unified educational journey of starting at your school nursery and continuing to prep school, such as familiarity with the educational philosophy, continuity in teachers and teaching methods, and a smooth transition to the prep school. For some, this might even be the guarantee of a place in reception which for a highly sought-after school is an enormous advantage.

Design the nursery curriculum to align with the prep school’s academic standards and emphasise the benefits of being in a nursery that’s part of a prep school, for example, the specialist activities led by qualified teachers from the prep school such as music, art, forest school activities and

“Ensure there is brand consistency with the main school, taking into consideration name, logo, ethos and values.”

language classes, ensuring consistency and familiarity and the use of excellent facilities.

MARKET THE SEAMLESS JOURNEY

• Ensure there is brand consistency with the main school, taking into consideration name, logo, ethos and values.

• Make the youngest pupils feel they are part of the bigger picture from the start, but don’t make the mistake of assuming that nursery pupils have to wear the same uniform as the older children.

We’ve seen a number of instances where very small children are dressed in uniform that is inappropriate for their age. King’s House School in Richmond found the perfect solution to this dilemma. Its nursery pupils wear customised smocks, personalised for each child, and this creates an endearing element of age-appropriate uniformity.

• Showcase success stories of children who start at the nursery and continue through to the end of the prep.

• In your marketing materials, include testimonials and case studies from happy parents whose children have successfully transferred from the nursery to the prep school and beyond.

• Hold joint open events to allow parents to experience both the nursery and prep environment on the same day, providing the opportunity to see and engage with older pupils who are, of course, the desired ‘end product’.

• Ensure your website places adequate emphasis on the nursery section of the school and the breadth of its provision.

GAIN THE TRUST AND SUPPORT OF PARENTS

• Foster strong parent relations so they don’t want to leave (and children won’t want to leave their friends either). This should include parenting enrichment events and good comminications. Many of the independent day care nurseries offer

webinars and events for parents, covering topics such as tips for potty training, first aid for babies and young children and advice on healthy eating.

• Bridget Torlesse is a photographer specialising in schools. When she was marketing manager at Rydes Hill Prep School and Nursery in Guildford she regularly sent photographs of the children to their parents. This sets up an important emotional bond between school and parent.

• Encourage nursery parents to get involved in whole school activities which will create a sense of community and encourage them to engage in the school’s overall success.

MAKE THE PROPOSITION AS FINANCIALLY APPEALING AS POSSIBLE

• Offer discounts or an attractive offer for parents who commit to transferring their children from the nursery to the prep school.

STRESS THE BENEFITS OF A LARGE STAFF IN A SCHOOL SITUATION

• We hear anecdotal evidence of high staff turnover in independent day care nurseries which parents and children find disruptive and stressful. One story reached us recently where an independent day care nursery alerted parents at 7.30am that due to

Katie Cardona

“Ensure

your website places adequate emphasis on the nursery section of the school and the breadth of its provision.”

staff illness they wouldn’t be able to accommodate all children that day and it was ‘first come, first served’. Imagine

if that was the day of an important meeting and parents were left without childcare. This is unlikely to happen in a nursery in an independent school because of the number of staff overall. Independent schools are generally blessed with staff who are experienced and passionate educators, providing high-quality learning. They may well have been in post for a long time (because of the strong sense of community a prep school normally offers) and usually there’s is a mix of older and younger nursery staff which parents find appealing.

• It’s also worth emphasising that the specialist teachers who have taught the

nursery pupils will be familiar faces once they go into reception.

Emphasise all the above points in your marketing materials as they are important sector differentiators and will help recruitment from the nursery into the main school.

Finally, it is important to remember that the nursery is an integral part of the whole school. The more engagement a school can establish between nursery pupils and their families, the better they will get to know you and want to stay.

Katie Cardona is a consultant with marketing and research firm Reed Brand Communication.

efficiency

Work smarter, not harder

Paul Sypko on

how to develop an improvement in business processes in schools

By its very nature, the education sector is full of people who thrive on intellectual challenges and solving problems. It’s also full of people who appreciate the importance of the administrative side of their roles, but who would generally rather spend their time delivering education and improving educational outcomes. Yet, however elegant the day-to-day running of the school might seem to the outside world (parents/guardians, pupils, the public at large), the metaphor of the swan gliding elegantly on the surface while flapping its feet vigorously underwater comes to mind; the reality is that, in most schools, there’s a lot of hidden work, struggle and effort that’s not visible to observers, but which is vitally important to ‘keep things ticking along’.

SCHOOLS ARE COMPLEX ORGANISATIONS

On the face of it, schools have a seemingly straightforward purpose: definitions may vary, but generally they will include objectives along the lines of educating pupils, fostering critical thinking, helping them to develop social skills, and preparing them for responsible citizenship and future careers. No reasonable person would argue that schools exist for the sole purpose of having people manage paperwork, carry out administrative procedures, generate

“In a process improvement context, efficiency refers to the ability to accomplish a task or produce a desired outcome with the minimum amount of wasted resources, such as time, effort and materials.”

reports, participate in meetings or other similar activities for their own sake. These activities are all a means to an end, of themselves they may not deliver an output of value that directly contributes to the main objective of educating students – but they are necessary steps to get to that point.

Or, to be more precise, they are tasks and activities that are often carried out with the expectation that they help the school progress towards or deliver its end objectives. Whether or not they are – in the strictest sense of the word – actually necessary, might be a matter for debate. We all know that complex organisations like schools require a lot of organisation. They are difficult to manage, and there’s a lot that needs to be done. Day-to-day priorities can change regularly, things come up and there’s a lot to cope with. Admissions and enrolment, curriculum development and approval, accreditation and compliance, teacher recruitment and retention, financial management and budgeting, student assessment and reporting – the list of tasks and processes is substantial. But are we doing them in the best way possible?

EFFICIENCY AND EFFECTIVENESS

Many independent schools are, of course, highly effective in what they achieve. They produce great outcomes and that’s why they have world-class reputations, people who are willing to pay considerable fees for their children to be educated there, and – in many cases – long waiting lists. But are they efficient – or is the work (particularly on the administrative side) sometimes a little more time-consuming, energyconsuming, complex, ambiguous, or even more stressful than it needs to be?

In a process improvement context, efficiency refers to the ability to accomplish a task or produce a desired outcome with the minimum amount of wasted resources, such as time, effort and materials. It involves optimising processes to maximise productivity and reduce unnecessary steps, costs and

delays. Achieving efficiency in process improvement means streamlining workflows, eliminating redundant steps, and ensuring that each component of the process contributes effectively to the overall goal. The ultimate aim is to enhance the performance of the process, thereby delivering better-quality outputs more quickly and cost-effectively. How many schools can truthfully say that, in doing the vast array of things that they do, they do it all in the most streamlined and low-stress way possible?

BUT WE DEAL WITH PEOPLE, NOT MACHINES

The concept of business process improvement has been around for over a century. It can be tracked back to Frederick Winslow Taylor's scientific management principles in the early 1900s. Taylor focused on improving labour productivity in factories and industrial settings through systematic observation and analysis of work processes. Concepts such as time and motion studies helped to deliver measurable results, and precipitated a long series of improvements in management methods.

�Total quality management’ came about in the 1950s, led by principles from Japan which emphasised continuous improvement and customer satisfaction. The 1980s brought us Lean and Six Sigma, derived from the Toyota

Paul Sypko

Production System, which focused on eliminating waste and improving flow while also reducing variability of outputs and defects.

As the economy grew further and became faster-paced, the 1990s brought us business process re-engineering, led by management consultants such as Michael Hammer and James Champy, which involved radically redesigning business processes to achieve dramatic improvements in performance.

But what now? We’re talking about schools here, not factories. Dealing with people and knowledge is different to optimising a production line in a factory – isn’t it?

Management consultants often don’t have a great reputation; they’re often critiqued for not understanding their clients’ businesses properly (and, in fairness, it’s probably true to say that they usually don’t know the intricacies of the business as well as the staff who actually work in those organisations). But they do bring useful critical insights and a way of challenging the ‘status quo’.

While the exact origin of the phrase may be difficult to pinpoint, some consultants (such as Morgenstern, in the latter half of the 20th century) had a massive influence in the field of productivity, and the phrase “work smarter, not harder” has become widely attributed to their work. There’s a lot to be said for periodically reviewing how work is carried out (and how people work together towards a shared objective) – and, indeed, the opportunities for adopting it in a school environment are now greater than ever.

USING TECHNOLOGY EFFECTIVELY

The 21st century has seen the integration of technology into business process improvement practices, with the advent of data analytics, automation, workflow, collaboration and digital transformation playing key roles in modern process improvement efforts. The opportunities for a school to use technology as a means of improving collaboration and cutting

back on routine administrative effort are considerable. A well-implemented school management information system (MIS), for example, can be the difference between late nights doing admin versus having well-motivated staff who feel like they’re on top of their work.

There are many, many examples of how effective use of technology can improve processes in an independent school, enhancing efficiency, communication and educational outcomes.

For instance, some schools might decide they could benefit from:

• Implementing an easy-to-use MIS and digital front-ends for tasks such as admissions, enrolment, billing, communications and pupil records management in order to streamline administrative processes, reduce paperwork and reduce manual data entry errors.

• Learning management system platforms which complement classroom teaching and allow for online submission of work, grading, and communication between teachers and pupils.

• Using data analytics tools to track pupil performance, identify trends, and make data-driven decisions to improve teaching strategies and pupil outcomes.

• Rolling out mobile apps for school activities, such as event notifications, homework tracking, and parent-teacher communication, such as in relation to extracurricular activity registrations.

• Implementing systems for managing

facilities, equipment and resources to optimise scheduling, reduce conflicts, and ensure efficient use of the school’s assets.

• Introducing an online appointment scheduling system for parent-teacher meetings.

• Where appropriate, making use of online assessment platforms and virtual learning environments to help streamline the assessment process, allowing teachers to create, administer and grade assessments efficiently while providing immediate feedback to pupils.

• Using cloud-based collaboration tools for real-time document editing and project management among staff. By using technology effectively, and by drawing on techniques for improving processes and ways of working, independent schools can improve their operational efficiency, enhance teaching and learning experiences, and better meet the needs of their pupils, teachers and parents. It does take a little time and energy to do that, but it can yield significant benefits.

So, is it time that your school took some time out to get people together, have them ‘step back’ for a short while, and give some concerted thought, not just what’s done in the school, but also how it’s done?

Paul Sypko is a partner at technology management consultants Adapta Consulting.

Risk radar

Accountancy firm RSM partner Matthew Humphrey discusses how to manage your school’s risks

We’re all aware that the management of risk is a core component of the governing body’s responsibilities and agenda – but does it have all the right components in place to enable this? Given the current political and economic threats to the independent schools sector, effective risk management has never been more important.

A SELF-ASSESSMENT TOOL

This tool highlights 20 expectations and discussion points for your school.

How do you assess your school against the 20 risk management expectations listed below –do they exist in your school? Are they consistently applied? And do they achieve the outcome you intended?

There may be things that you should start doing, do more of, or even stop doing.

Paul Sypko is a partner at technology management consultants Adapta Consulting.

Risk management expectation self-assessment

1. The risk management policy and strategy are subject to annual review and approval by the board and communicated across the school.

2. The risk appetite of the board is defined and communicated across the school in the form of a risk appetite statement.

3. Risk management roles and responsibilities are clear and communicated across the school, from the board to the operational areas, supported by appropriate training.

4. There is a specific board member who sponsors risk management and there is a specific committee with responsibility for ensuring the effectiveness of risk management.

5. Horizon scanning is undertaken as part of a cyclical exercise at the school. This focuses on opportunities as well as potential threats and areas of difficulty that are emerging, with the outcomes from the exercise recorded and appropriate action then agreed and taken.

6. The board receives timely and accurate risk and control information, including updates on the risk profile that informs its understanding of the school risk exposure, allowing for appropriate checking and challenging.

7. Reports for decision-making take account of the risk appetite and include an explicit assessment of risk.

8. The board keeps the risk appetite under review and updates the risk appetite statement accordingly.

9. The board sets the tone for the school risk management and this is followed throughout, supported in the form of communications, training, publications, articles and updates.

10. The board has confidence that all key activities, functions and initiatives are subject to regular risk assessment and review, with an operational risk register being maintained as required.

11. There are suitable risk escalation processes in place to ensure that key operational risks are made visible and are subject to appropriate reporting and monitoring.

12. There is a programme of ‘risk deep dives’ for the purpose of understanding more about a strategic or key risks, including the risk exposure and the effectiveness of risk mitigation at a more granular level – the outcome of the deep dive being appropriately reported.

13. Actions stemming from risk reviews across the school, including work of internal audit etc, are prioritised and tracked to their effective completion.

14. The school key control framework is documented, with key controls being understood and owned.

Matthew Humphrey

15. There is a clearly defined and visible school assurance framework (board assurance framework) and this is subject to regular monitoring and reporting within an appropriate committee or forum.

16. The school risk management maturity is understood and there is a risk maturity improvement plan produced, with progress monitored and kept in check.

17. Lessons learned from near misses and errors (internal or external) are communicated, reviewed and improvementrequired tracked.

18. The board has confidence that incidents, complaints and other performance information is triangulated as part of the risk review and reporting process.

19. The strategic risks and other key areas of risk are subject to stress testing activities with a view to understanding the implications on the school and how it would respond.

20. A risk management information system is being used to enable all relevant risk-related information to be accessed, collated, maintained, monitored and reported, providing a complete picture of the risk and control environment in real-time across the school, from classroom to the boardroom.

Keep your school safe

Craig McLaughlin provides key information about managing risk and health and safety hazards when employing contactors

Contractors are hired for a wide range of reasons in an education environment, whether it be to complement the duties of your own staff or to complete specialist jobs that often involve more dangerous work.

Preventing accidents not only saves time, money and resources but most importantly can saves lives.

WHAT ARE MY LEGAL RESPONSIBILITIES WHEN I HIRE CONTRACTORS?

If you employ contractors, you have a legal responsibility and duty of care under the Health and Safety at Work Act. This is to protect your staff, pupils and visitors while the contractor carries out its activities.

You are also responsible for the safety of any construction personnel under the Health and Safety Regulations. In addition, to obligations under the Construction (Design and Management) (CDM) Regulations.

The Health and Safety Executive (HSE) has produced invaluable advice around the CDM Regulations, including clearly identifying the responsibilities for each person involved in a construction project.

It’s important to note that where work is planned to exceed any of the following, you must notify the HSE of the project:

• It lasts longer than 30 working days.

• It has more than 20 workers on-site at the same time during any part of the project.

“Ensuring that a school’s governance foundation is strong allows governing bodies to move quickly and confidently when they need to.”

• The project exceeds 500 person days in total.

You can find more information on how and when to inform the HSE at: hse.gov. uk/construction/cdm/2015/index.htm

AS AN ‘EMPLOYER’ OF CONTRACTORS WHAT ELSE DO I NEED TO KNOW?

An ‘employer’ of contractors has quite a few duties under CDM Regulations. Many of these responsibilities need to be completed before any work begins at your school/education establishment. This doesn't mean you or your school needs to manage the project, but you do need to ensure that suitable arrangements are in place for managing the works.

Your main duties as the ‘employer’ under CDM is to:

• Ensure that suitable management arrangements are made for the project.

• Select and appoint a competent principal designer.

• Select and appoint a competent principal contractor.

• Where a project is notifiable, the employer must give notice in writing to the HSE.

• Ensure sufficient time and resources must be allocated.

• Ensure all work can be carried out without risks to health or safety.

• Provide the pre-construction information to the designers and contractors.

• Ensure that the principal designer produces and health and safety file. As the project progresses, ensure the file is regularly reviewed and updated.

• Ensure that welfare facilities are provided.

• Ensure the necessary information, instruction and training is received and appropriate supervision is provided.

WHAT IF MY WORK DOES NOT FALL UNDER THE CDM CRITERIA?

Even when the work does not fall under the CDM criteria, ‘employers’ still have a duty of care. You are expected to complete risk management duties to protect yourself, the contractors, staff, pupils and visitors. Contractors also have health and safety responsibilities, but they

Craig McLaughlin

differ to those held by employers.

You will need to make sure that all contractors have the skills, knowledge, training and experience to complete required tasks safely and effectively. Contractors’ health and safety policies and procedures should be checked. A documented process of due diligence to assist in the selection of contractors would help ensure their competence.

We would recommend that you consider:

• Appointing contractors that are members of trade and professional associations.

• Asking for testimonials and references.

• Checking the HSE website for previous and current enforcement action against an organisation.

• Completing other regulatory checks such as safeguarding.

• Check driving licences, which is an essential part of the due diligence process.

The principal contractor’s insurance cover needs to be validated. Check that the period of insurance covers the work to be undertaken and the type of work being completed. Check that the levels of insurance indemnity are sufficient.

Appoint an individual within your management team to liaise with the principal contractor daily. Address immediately if you have any concerns over the contractors’ competency, effectiveness or lack of safety measures.

The principal contractor must make all contractors on-site aware of their health and safety responsibilities via a formal site induction. The induction should include:

• Site access control procedures.

• Sign in/sign out requirements.

• Fire drills and emergency arrangements.

• Accident reporting requirements.

• Shared facilities.

• Authorisations for operating plant.

• Welfare and first aid facilities.

As the contractor’s ‘employer’, you are responsible for monitoring the health and safety performance of the principal contractor (and the project) throughout the duration of the works. The appropriate level of monitoring will

vary depending on the circumstances of the work.

A lot of ‘employers’ are unaware of their supervisory requirements. Many don’t realise that if they noticed a contractor doing something potentially dangerous, and had the opportunity to stop or prevent it but failed to do so, they can be held partially or fully liable for any injury or loss. This could result in civil and/or criminal legal action taken against them.

ARE THERE ANY OTHER REQUIREMENTS I NEED TO CONSIDER IF MY SCHOOL IS OPEN WHILE CONTRACTORS ARE WORKING?

Segregate contractors from pupils as much as possible. Eliminate opportunities for construction site access by anyone not authorised to enter. Segregation can be achieved by physical means or by time, or by a combination of both. For larger construction projects lasting several weeks, physical separation should be achieved by the contractors working within secure and clearly defined areas behind fencing, hoardings, and barriers where pupils are excluded for routine health and safety concerns.

Ensure that no pupil is left on his/ her own with contractors by providing suitable supervision. The requirement to supervise could be limited to specific times when contact is likely to occur, such as at break times, class changeover times, and at the beginning and at the end of the school day. It’s not necessary to monitor the building works themselves, only the contacts that might take place between contractors and pupils.

Agree access times to the premises for both contractors and deliveries, and insist contractors adhere to a code of conduct. A suggested code of conduct for contractors would be to:

• Avoid contact with children.

• Never be in contact with children without school supervision.

• Stay within the agreed work area and

access routes.

• Obtain permission if you need to go outside the agreed work area or access routes.

• Keep staff informed of where you are and what you are doing.

• Don’t use profane or inappropriate language.

• Dress appropriately – shirts to be worn at all times.

• Observe the code at all times. Remember that actions, no matter how well intentioned, could be misinterpreted.

SUMMARY

Contractors in school or educational establishment pose a variety of risks. Many accidents and incidents involving contractors and subcontractors occur because of:

• Poor planning.

• Failure to ensure contractors adhere to the school’s health, safety and/or safeguarding procedures.

• Failure to monitor and supervise their work to make sure that they are following the health and safety rules.

It is essential that contractors are trained, controlled, prepared and equipped for both the job they are performing and the environment where they are working to avoid accidents to themselves, staff, pupils or visitors.

HSE data shows the top five causes of accidents in the workplace as:

1) Slips, trips and falls,

2) Handling, lifting or carrying,

3) Being struck by a moving object, 4) Falls from height and

5) Acts of violence.

The Health and Safety Executive website provides invaluable guidance on these occupational hazards:

• Working from height.

• Being struck by moving objects.

• Slips, trips and falls.

• Asbestos.

• Permits to work.

Craig McLaughlin is a risk consultant for advisor RSA Risk Consulting.

Dirty money

Mike Ward offers advice about the risks of money laundering to independent schools

As crime rates surge worldwide, efforts to combat money laundering have intensified, with the cost to the UK alone estimated to be a staggering £100 billion annually. As such, independent schools within the UK have come under scrutiny due to potential vulnerabilities arising from large money transfers, such as anonymous donations and tuition fee payments.

Under the Proceeds of Crime Act 2002, schools are obligated to flag suspicious activities, including suspicions around money laundering, and disclose any relevant information regarding offences or investigations.

As pressure mounts on school foundations to ensure transparency regarding their funding sources, it is crucial that they understand the financial checks in place and how to use them effectively.

AML LOOPHOLES IN THE INDEPENDENT SCHOOLS SECTOR

The independent school sector represents a significant gap in the UK’s antimoney laundering (AML) framework, as many schools appear to lack robust checks on the source of the funds before accepting payments. The potential installment (at the time of writing) of a Labour government and the proposed introduction of VAT on school fees have sparked interest in prepaying fees for

“As pressure mounts on school foundations

to ensure transparency regarding their funding sources, it is crucial that they understand the financial checks in place and how to use them effectively.”

multiple terms. These larger prepayments, combined with an increasing number of international students, have placed independent schools under closer examination, as source-of-funds checks are now more critical than ever to mitigate any risks.

The National Crime Agency has highlighted indicators of potential money laundering within independent schools, including third party payments for school invoices, funds originating from nonUK accounts, students from high-risk jurisdictions, and obscured sources of money through cash deposits. Additional red flags encompass payments made by parties other than parents, transactions suggesting advance fee payments, and school fees paid by politically exposed persons.

SOURCE-OF-FUNDS AND SOURCE-OF-WEALTH CHECKS

To combat these risks, schools frequently need to conduct source-of-funds and source-of-wealth checks. A source-offunds check determines the origin of money used for transactions, such as school fee payments, helping to prevent the use of illicit funds. In some cases, additional information is required through a source-of-wealth check, which evaluates how a pupils’s family has amassed their total wealth, examining income sources, business activities, investments, inheritance, and other financial avenues.

By conducting these checks, schools can ensure that the money being used is legitimate and not linked to criminal activities, providing an additional layer of security against money laundering activity.

PERFORMING A SOURCEOF-FUNDS CHECK

To carry out a source-of-funds check, individuals must provide financial data and documentation to enable the tracing of the funds’ origins for specific transactions, such as school fee

“To carry out a sourceof-funds check, individuals must provide financial data and documentation.”

payments, ensuring they are not derived from criminal activities. Beyond simply identifying the financial institution from which the funds originated, the check should delve deeper.

It should not only rely on matching the payer’s name to the bank account but should include documenting key details such as the amount, currency and specifics of the remitting account (bank, account number, sort code, and name on the account). However, it’s equally important to verify where the funds originated by providing clear evidence of the source or reason for acquiring the funds, whether through salary, gifts or other legitimate means.

HARNESSING TECHNOLOGY FOR EFFICIENCY AND TRANSPARENCY

Conducting these checks manually can be time-consuming and resourceintensive for both administrations and

Mike Ward

“Client checks can be conducted across multiple bank accounts, providing the required information in a single report, along with supporting evidence of the funds’ origins.”

fee-payers. Fortunately, technology offers faster, simpler and more effective alternatives. Open banking, for instance, extracts crucial information from the fee payer’s account, revealing the funds’ origins. Combining this technology with artificial intelligence and machine learning enhances the efficiency and transparency of AML checks, aiding schools in identifying any potential risks.

Furthermore, client checks can be conducted across multiple bank accounts, providing the required information in a single report, along with supporting evidence of the funds’ origins. This streamlined approach not only saves

time and resources but also ensures a comprehensive and transparent view of the payer’s financial history.

In conclusion, as independent schools face increasing scrutiny over their funding sources, implementing thorough sourceof-funds and source-of-wealth checks is essential. By leveraging technology to streamline these processes, schools can enhance transparency, mitigate risks, and ensure compliance with AML regulations. This will help protect the education sector from being exploited for illicit financial activities.

Mike Ward is executive chairman of data intelligence firm Armalytix.

People moves

Beaulieu Convent School

Beaulieu Convent School, an independent Catholic girls’ school in St Helier, Jersey, has appointed Matthew Burke as its next head, effective from September, Punchline has reported.

Burke is currently headmaster of St Edward’s School in Cheltenham, Gloucestershire, an independent co-educational Roman Catholic school.

Writing on LinkedIn, Burke said: “Today marks not only the start of the final half term of this academic year at St Edward’s School, but also my last as headmaster of this fantastic school.

“I have gained so much from leading this phenomenal community and have much to be grateful for as a result of my time here.

“There are too many people to thank for their support and encouragement during a time of leadership, which has included the Covid pandemic, a change of ownership and the challenges currently facing our sector with the prospect of VAT on school fees.

“I know that I am a better head for my time at the school.”

Christ’s Hospital

Christ’s Hospital has appointed Matthew Judd as head from September next year, succeeding Simon Reid.

Christ’s Hospital is a boarding and day school for pupils aged 11 to 18 located in Horsham, West Sussex.

Judd has been head of Leighton Park School in Reading, Berkshire, since 2018 and was previously second master and head of the prep and pre-prep schools at Haberdashers’ Boys’ School and principal at Mander Portman Woodward. He has a degree in geography from the University of Wales, Swansea and a PGCE from Queens’ College, Cambridge.

Judd said: “I am honoured and thrilled to be appointed as

head of Christ’s Hospital. I first visited the school as a local boy from Crawley around 30 years ago; its mission has always resonated with me both professionally and personally. The wealth of opportunity and the deep sense of pride in being part of such a diverse and vibrant school community was very obvious to me when I visited before my interview. I am delighted and inspired to be invited to lead a school with such a proud history and contemporary outlook.

“Looking to the future, I will be moving onsite with my husband Ian over the summer holiday in 2025 and look forward to getting to know the staff, students, parents, governors and Old Blues in the months that follow.”

Dulwich College has appointed Robert Milne as its next master from September next year, succeeding Dr Joe Spence.

Dulwich College is a private, day and boarding school for boys aged two to 10 located in Southeast London.

Milne has experience as a teacher, head of department and senior leader. He is headmaster of Emanuel School, a private, co-educational day school in Battersea, Southwest London. He was previously deputy head at King’s College School, Wimbledon, head of English at Magdalen College School, Oxford, and head of house at King Edward’s School, Birmingham.

A pupil at Pocklington School in Yorkshire, Milne is an English graduate with degrees from Leicester University and King’s College London. After his PGCE, he joined Oundle School in Northamptonshire as an English teacher and housemaster. From September this year, he will be the chair of HMC’s pastoral committee.

Milne said: “I am delighted to be joining Dulwich College

Dulwich College

Matthew Burke

Matthew Judd

after several extremely happy years at Emanuel School. During conversations with governors, Dr Joe Spence and the leadership team, it became clear that my own professional and personal values very much align with those of the college. I look forward to officially starting at Dulwich in the late summer of 2025.”

Myddelton College

Myddelton College in Denbigh, North Wales, has appointed Ian Lloyd as headmaster from September, Birkenhead News has reported.

Lloyd left school aged 16, joining British Aerospace at Broughton working on the BAe 125 executive jet and completed his apprenticeship. He later worked for NatWest before moving into education, working with Conwy Local Education Authority on data services for schools before joining Denbighshire Council at Prestatyn High School and then retraining as a maths teacher at Bangor University and taking a postgraduate certificate in educational practice at Cardiff University. He then taught at secondary schools in Prestatyn, Abergele and Holywell.

Lloyd joined Myddelton seven years ago as assistant headmaster, at the same time as current headmaster Andrew Allman, who is leaving at the end of August to become headmaster at Lucton School in Herefordshire.

Lloyd said: “I have that experience of being in the world of work from the age of 16 and of being in the public and private sector, both before and after moving into education.

“Working in multiple schools I have seen a lot of changes in the educational landscape and it’s been really exciting to be involved here at Myddelton as the school has grown and developed and won awards along the way as well as having a number of sporting achievements.

Lloyd is married to Bethan and the couple have three children: daughters Ffion, who is studying at Lancaster University, and Aderyn who is in the upper sixth form at Myddelton, and stepson Alex, 27, who gained a master’s in philosophy at the University of Liverpool.

Robert Milne

Ian Lloyd (Picture by Mandy Jones Photograph)

A constructive relationship

Ian Allsop describes how the head and bursar at a school in Birmingham have developed their working partnership

The Blue Coat School (BCS) is an independent preparatory school in Birmingham for children aged three to 11. It is academically selective from Year 3 upwards although there’s an entry assessment at the pre-prep level. Blessed with 15 acres of gardens and playing fields, it was founded in 1722 by the Church of England, originally as a free boarding school for poor and orphaned children.

The current headmaster is Noel Neeson, who joined in September 2016. It is his third headship and he joined from St Peter’s Prep School in Lympstone, Devon. He is a member of the National College of School Leaders and an advocate of ‘learning without limits’. Since he joined, BCS has been shortlisted as the Times Prep School of the Year in three consecutive years. Neeson carefully navigated the school through the pandemic, ensuring that continued standards of excellence were maintained both online and offline. BCS remained open for up to 200 children of key workers and a bespoke online distance learning programme ensured that pupils having to remain at home were still able to access the very best teaching and learning.

HIGH STANDARDS

Behind his desk in his office is a sign saying ‘be curious not judgemental’.

“Behind his desk in his office is a sign saying ‘be curious not judgemental’. When asked how he would characterise the school, Neeson responds with ‘oversubscribed’.”

When asked how he would characterise the school, Neeson responds with “oversubscribed”. He explains: “We have substantial waiting lists which is unusual outside of London these days. But we can’t get complacent. Children are at the heart of what we do. A lot of schools talk about that but don’t walk the walk. The children are paramount and we are very much focused on breaking the glass ceiling of learning. We look at individual needs and do everything with a capital letter. Pastoral has to have a capital P, alongside Academic, Sport and Music, to make sure we are all shooting in the same direction. You can spend ages building a strong reputation but that can be driven out of town very quickly.”

The school’s bursar is Gareth Morgan, who joined BCS having been the bursar at King Edward VI Handsworth Grammar School for Boys following a career in the Royal Navy as a logistics officer. What does Neeson consider to be the fundamental requirements of a successful relationship between the head and bursar?

“Without wanting to steal the mantra of an esteemed previous prime minister, it is trust, trust, trust. For me, the relationship isn’t one to be taken lightly. Nine times out of ten there are big personalities involved.”

A DIFFERENT PAGE

Neeson is honest enough to admit that, at first, he and Morgan didn’t always see eye to eye. “Gareth came from the state grammar school system, but over time the relationship has developed positively and we have found a good equilibrium. Yes, he reports to me, but it is about setting your stall out at the beginning to enable a build-up of trust. And ultimately the governors play a key part in the senior leadership triangle. The head/bursar relationship is made stronger if the governing body plays with a straight bat.”

So what qualities does a good bursar need? Neeson replies: “The bursar needs to be a good listener, and distinguish between the needs of the teaching staff and their own team, which Gareth does.

Ian Allsop

“Usually the hardest decisions to make when running a school get left to the head and/or bursar.”

He attends my weekly briefings, but behind closed doors feels confident in being able to ask for things. You need trust, strong communication and the gumption to be robust in private if something isn’t happening the way you feel it should.”

He continues: “Usually the hardest decisions to make when running a school get left to the head and/or bursar. So while we try and work things out involving the whole senior management team and then governing body, it’s useful if the two of us can thrash it out first.”

He argues that all heads have to reflect on how to get the best out of the relationship. Neeson expressed that if he

thinks that something is partly his idea he will fly with it as he feels he has some ownership of it.”

Neeson is quite candid about clashes in the past, which have ultimately led to a strengthening in the relationship. “We were thinking of establishing a day boarding house. I could see such a concept might work in a city, and undertook a huge project to assess the need for it. But Gareth didn’t buy into it. Therefore, the governors took the decision about whether we could fund it based on an outdated notion of the idea of boarding rather than looking at the long-term benefits.

“I was frustrated at the time but Gareth and I sat down and discussed it. And so, from that negative, we have much clearer boundaries and positives to work with. We have a much better understanding of where we are each coming from.”

DIFFERENT STROKES

Neeson mentions another example which he thinks illustrates that “bursars come from a different world”.

Noel Neeson

The school did a transport survey to consider various issues around the school, including parking. “I looked at design, while Gareth looked at cost, so you are coming at these things from two different perspectives and while sometimes it feels like ‘never the twain shall meet’ you have to try and meet in the middle.”

However, he thinks it can be too simplistic to characterise the tension

that can exist between heads and bursars as that the former has great idea, which the latter won’t always justify spending precious resources on. “I am a great believer that you only spend the money once, so I focus on what it means for the children and the impact on them. It can be hard to pull away once the governors have been shown how an idea will have a material impact on the children. But constructive challenge can lead to ideas

We hope you found this edition of

being refined in a good way.”

He concludes by saying slow burning relationships work better than trying to please each other all of the time. “Our relationship isn’t brotherly but we can knock against each other in a constructive way. And, in the end, if you don’t listen and reflect you aren’t doing your job properly.”

Ian Allsop is freelance journalist.

Independent School Management useful

We hope you found this edition of Independent School Management useful. In the next edition we will analyse areas of the school business often overlooked.

Topics include:

The head and bursar: what makes this special relationship tick?

Leadership: lead your school to becoming more commercial.

MergerWatch: analysis of recent mergers.

Finance for heads: what you need to know.

International schools: the new hot spots.

ICT: contract negotiations.

Marketing: going co-ed. News, people moves and more.

We welcome your views and any editorial suggestions. Please contact: andrew.maiden@nexusgroup.co.uk

Manage your pre-school, nursery or school with one easy-to-use system

Child Paths allows you to streamline your operations, easily communicate with parents and empower sta , while enhancing learning for children throughout their nursery and school years.

“We moved over to Child Paths at Codsall Community Nursery and couldn’t be happier. The onboarding process was smooth and sta training was really e ective. Parent feedback has been positive and we’re looking forward to using more of the system to support the children’s development.”

Kelly Hill, Director Codsall Community Nursery Wolverhampton, Sta ordshire

Allows for early intervention

Real-time communication

Stand out from your competitors LINKED TO EYFS

Don’t just take our word for it...

“Following the excellent Child Paths training, our sta were so excited about the future with Child Paths and how it would free up so much more time with the children. Just an amazing feeling to have the sta all on board. Thank you so much; this really is going to transform Barney Bear’s Nurseries”

Leah Clarke, Director, Barney Bear’s Nurseries, London

Food, Activities, Nappy Changes and Sleep Logs

Food, Activities, Nappy Changes and Sleep Logs

“We looked at many di erent apps and felt Child Paths was the best fit for us as it’s so comprehensive and easy to use. It covers all aspects of our early years and preschool which helps us go paperless using just one system. The support from the team is amazing, we wouldn’t be without Child Paths now.”

Food, Activities, Nappy and Sleep Logs or

Food, Activities, Nappy and Sleep Logs or

Becky & Steph, Directors, Chy Lowen Early Years Newquay, Cornwall