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.