Jun 2 2010
Parents’ Rights?
If you have ever been involved in a school closure it is difficult to avoid the conclusion that parents seem to have no rights and their views are ignored during the consultation process. This is how many local authorities treat the parents in the process either deliberately or inadvertently.
But it is important to know that even the law says that parents have an important influence. The statutory guidance says:
“A System Shaped by Parents
4.17 The Government’s aim, as set out in the Five Year Strategy for Education and Learners and the Schools White Paper Higher Standards, Better Schools For All, is to create a school system shaped by parents which delivers excellence and equity. In particular, the Government wishes to see a dynamic system in which:
· weak schools that need to be closed are closed quickly and replaced by new ones where necessary;
· the best schools are able to expand and spread their ethos and success; and
· new providers have the opportunity to share their energy and talents by establishing new schools – whether as voluntary schools, Trust schools or Academies - and forming Trusts for existing schools.
4.18The EIA 2006 amends the Education Act 1996 to place new duties on LAs to secure diversity in the provision of schools and to increase opportunities for parental choice when planning the provision of schools in their areas. In addition, LAs are under a specific duty to respond to representations from parents about the provision of schools, including requests to establish new schools or make changes to existing schools. The Government’s aim is to secure a more diverse and dynamic schools system which is shaped by parents. The Decision Maker should take into account the extent to which the proposals are consistent with the new duties on LAs.
Standards
4.19 The Government wishes to encourage changes to local school provision which will boost standards and opportunities for young people, while matching school place supply as closely as possible to pupils’ and parents’ needs and wishes.
Surplus Places
4.34 It is important that education is provided as cost-effectively as possible. Empty places can represent a poor use of resources - resources that can often be used more effectively to support schools in raising standards. The Secretary of State wishes to encourage LAs to organise provision in order to ensure that places are located where parents want them. LAs should take action to remove empty places at schools that are unpopular with parents and which do little to raise standards or improve choice. The removal of surplus places should always support the core agenda of raising standards and respect parents’ wishes by seeking to match school places with parental choices.”
These are not idle words but local authorities seem to be blind to these sections of the guidance. These words can be used to support your case particularly when you have experienced a poor consultation and will resonate with The Schools Adjudicator if they get involved.
Jul 21, 2010 @ 18:00:04
Can you please fill in the words on statutory guidance in Parents Rights! I am very keen to read them as my local council are looking to close one of our secondary schools. The public Consultation has now been announced but many of us are convinced it will be a complete sham. Thanks very much, Jeff
Jul 21, 2010 @ 22:25:18
Hi Jeff
During my first experience of a school closure proposal I asked the question “What rights do parents have in education law?” of a legal academic. The answer I got was “Precious few”.
A parent has the right to school their child at home and the right to appeal in schools admission procedures. Beyond that there are no RIGHTS for parents in law. The law is biased towards the local authorities. Yet, as you see in the post above, the law appears to give parents significant INFLUENCE in the school closure stautory guidance. You have to use these pronouncements when making your case against the school closure proposal.
Local authorities will generally devise a consultation system that appears objective and rational to supposedly take parents views into account. They talk the talk but they do not walk the walk. In most cases, parents views will be largely ignored or given much less significance than the statutory guidance says they should. If you want to fight the local authority it will be a long hard battle as they have their own agenda and they are not necessarily looking after your child’s educational future.
Those schools with the best chance of success are those that have the RIGHT of appeal. These are faith-based schools (RC or CE) or trust schools. They are mentioned in the legislation. In England, this means that you would have the ability to appeal to The Schools Adjudicator and receive a much fairer hearing of your case and your arguments. In my experience this is a good thing as The Schools Adjudicator will concentrate on the statutory guidance alone with no hidden agenda. Those that do not have the right of appeal have an up hill struggle particularly against a local authority bent on closing the school. There are still ways of fighting the closure proposals but it requires a great deal of patience and tenacity. Many of the tactics are described on this site. My advice would be to organise early and fight before the consultation even starts. Show the council you mean business. And challenge them at every opportunity. Read what we did at Gillas Lane to give you some ideas. Act early with the support of the majority of your parents.
I hope this answers the question. There is a link on the site to the Statutory Guidance on School Closure in England. I would advise reading this carefully because it can help you plan your campiagn and your arguments.
Jul 22, 2010 @ 20:00:14
Hi David, Thanks for all that. I will have a good look through the site but it seems like a near-impossible task! The council have moved pretty quickly from the initial suggestion to having now agreed the consultation period, dates and deadlines… all just in time for the summer holidays when it is more difficult to pull people together!
I have sent lengthy letters on the councils underhand tactics to the Prime Minister, Deputy Prime Minister, Education Secretary and his Shadow, two local MP’s and Ofsted but I don’t know how much response I will get from them! Ofsted did reply immediately to say they would forward everything on to their Complaints Department.
I will no doubt be in touch with you soon.
Cheers for now, Jeff
Jul 22, 2010 @ 21:25:54
Jeff
The council should not be doing any consultation in the summer holidays. This is re-inforced in the statutory guidance. Can I ask what council and school we are talking about? I could then research it and give you a more considered opinion on the matter.
Jul 24, 2010 @ 05:58:36
Hi David, It is Stockport Council and Offerton School. They were originally going to start the consultation a few weeks ago, it was being REALLY rushed through, but the Scrutiny Committee called in the decision to look at it so there was a 3 or 4 week “reprieve” until the actual announcement. They are having drop-in sessions starting in September, the first one being for the new year 7′s, only around two days into the new term!! How will new parents have an opinion by then? It has all been done in such a way that, now the school has finished for Summer Holidays, it will be difficult to co-ordinate anything or contact other parents. Added to which, I am working full-time 6 and 7 days a week at the moment. I do have a file copy of the letter I have written to MP’S if you would like to see it? I am working today (Saturday) but could sort it out later and send it to your email address? I haven’t had time to look at all your info yet but will aim to do it this weekend. I also need to try to set up a website and email for the parent’s group (not sure of the techinical side to doing that!) and then organise some posters for the local shops to display, particularly as they would be affected too by any closure. Cheers for now and thanks for your replies, Jeff