Educational Continuity (Nos. 4 & 5) Directions

Due to being away on annual leave last week, I didn’t get a chance to blog on the last Educational Continuity Direction, which was the fourth issued by the Scottish Government.  It was not hugely exciting in that it mainly continued the previous directions, with some additional bits and bobs about preparing for schools re-opening on 11 August.  It also effectively brought to an end the provision of childcare for keyworker and vulnerable children, as of 31 July 2020.

But 5? Five! Well, this is the one we have been waiting for.  Issued on Thursday 6th August, but not coming into force until Monday 10th?  You know we’ve got something special on our hands.

For one thing, this direction is due to remain in place until 30th August 2020, and – as things stand – “it is not anticipated that a further direction will be required.”

As before, the direction applies only to education authority schools.  The main focus is now on the re-opening of schools, and the requirements are set out plainly:

  • schools may reopen to pupils from 11th August 2020;
  • schools must reopen to pupils by 18th August 2020;
  • authorities must prepare contingency plans to be used “immediately in the event of a local coronavirus outbreak”.

There are no specific requirements about steps to be taken for safety, but there is a general objective:

preventing the transmission of coronavirus, the welfare of children and young people and staff, and the importance of continuity of education.

And, as always, education authorities have to have regard to “relevant guidance issued by the Scottish Ministers” (of which there is no shortage).

And, contrary to expectations, there is no continuation of the disregard of failures in certain statutory duties – including key deadlines and duties within the additional support needs legislation.  Therefore, the period during which education authorities (and parents) may be able to rely on failures to comply with certain duties being disregarded is limited to the period from 2pm on 21 May 2020 until 1 minute past midnight on 10 August 2020 – and only insofar as it is the restrictions within the direction(s) which have led to the failure.

This means, of course, that in returning schools have all the same duties in place to make adequate and efficient provision for pupils’ additional support needs, and to make reasonable adjustments (including the provision of auxiliary aids and services) to avoid substantial disadvantage to disabled pupils.  Under the circumstances, there may well be significant needs to be met, and adjustments to be made.  The latest direction has effectively removed any “but the pandemic” excuse for disregarding those duties.

You can access all of the Educational Continuity Directions (and the accompanying guidance documents) on the Scottish Government educational continuity direction page.

 

 

Educational Continuity (No. 3) Direction

The Scottish Government have issued a third Educational Continuity Direction on 2 July 2020, following the first two, which expired after 21 days. You can read all about the earlier ECDs in my blog posts, Educational Continuity Direction (21 May 2020) and Educational Continuity (No. 2) Direction.

The Educational Continuity (No. 3) Direction is exactly the same as the last one, apart from a couple of changes, and came into force at one minute past midnight, on Thursday 2 July 2020.

The big change in this one is that each education authority is required to plan and prepare for nursery provision (early learning and childcare, or ELC) and out of school care (or OOSC) to resume in educational establishments “no sooner than 15 July, having regard to relevant guidance issued by Scottish Ministers.”

The accompanying guidance suggests that this is likely to take place on 15 July 2020, following the review on transition to Phase 3 on 9 July 2020.

There is a corresponding tweak to the direction to allow staff to attend school premises in order to make preparations for out of school care re-opening.  Out of school care guidance is due to be published on 3 July 2020.  Finally, the ancillary provision section, which restricts access to educational establishments now includes a specific exception for “the provision of early learning and childcare and out of school care from 15 July 2020, subject to confirmation that such provision may resume being given by the Scottish Ministers no later than 9 July 2020.”

You may remember my comments about the use of the term “children” in the first and second directions.   The Educational Continuity Directions used the term “child/children” in the main, but also “pupils” and “young people”.  These all have different legal meanings.  In some places the term “child” was used where the provisions apply only to children – and not to those aged 16+, but elsewhere, the intention seemed to be that “child” should be read as including young people as well.  I am pleased to say that the language has been tightened up in this iteration, with the term “pupil” (which covers all ages) being used more often.

It remains the case that, in order to properly understand what is required, and what permitted, you need to read the direction itself – but also the relevant local and national guidance.

Educational Continuity (No. 2) Direction

The Scottish Government have issued a second Educational Continuity Direction, following the first, which expired on 10 June 2020.  You can read all about that one in my earlier blog post, Educational Continuity Direction (21 May 2020).

The Educational Continuity (No. 2) Direction is exactly the same as the last one, apart from two small but significant changes, and came into force at one minute past midnight, today Thursday 11 June 2020.

Access (by staff in the first place) to educational establishments will be permitted to facilitate and support children’s transitions (including those starting P1 & S1 in August).   As of Monday 15 June 2020, this can include attendance of pupils at school (but not at nursery school/classes).

It is perhaps unfortunate that the direction specifies “children’s transitions” and does not include the transitions of young persons (i.e. those aged 16+).  The main bulk of transitions will be for those at the nursery/P1 and P7/S1 stages, of course, but there will be some in the senior phase, especially those with additional support needs, who may require transition support at this time as well.

The second change is that, as of now, early learning and childcare can be provided if it is delivered “fully outdoors” having regard to Scottish Government guidance.

This is a similar wording to much of the rest of the direction, in that, in order to properly understand what is required, and what permitted, you need to read not only the direction itself (a slimline 4 pages); but also “relevant guidance issued by the Scottish Ministers”, any documents which set out the “appropriate local arrangements” and the guidance note which accompanies the direction, to work out what guidance is regarded as relevant to which bits.