New Academic Year: New and Old Challenges

There is lots going on as we start the new academic year. Let’s take a look at a few of the new and old challenges facing schools and universities.

VAT change for independent schools

Long before the academic year began we knew changes were on their way. Even before the general election was called, the Labour Party announced its intention to remove the VAT exemption for independent schools. Therefore, it was no surprise that within the first weeks of this new government, HM Treasury issued a technical consultation on the VAT business rate changes affecting private schools. The government announced that the VAT exemption for private schools would disappear on the 1 January 2025. However, this significant change, affecting parents and independent schools alike, was to take immediate effect and thus would catch parents attempting to circumnavigate the new rules before they came into force.

It is too early to state what impact this will have on independent schools, parents and their children but we have already seen one school in Stoke-on-Trent announce that it will close its doors at the end of this year, leaving staff having to find new jobs, and pupils having to find new schools. The reason for the closure has been the imposition of VAT on school fees, described by the closing school as the “final straw”, resulting in a “dreadful” outcome. Other schools may make similar dramatic decisions although most will seek to adapt to this new financial environment, possibly absorbing the increase internally or perhaps, cutting back on the curriculum offered to fee paying parents. This may result in complaints from parents that they are not receiving value for money.

Holiday Fines for School Parents

The previous government is responsible for the increase in fines for parents, in England, taking their children out of school without permission. These fines are increasing from £60-£80 although whether this will have any impact is a moot point, bearing in mind the savings that can be made by parents taking holidays during term time.

Huge increase in school children with special educational needs

There is no doubt that children attending school regularly will achieve better outcomes. Attendance is, arguably, even more important for those children with special educational needs. Over the summer the government released data revealing that the number of children and young people with Education, Health and Care plans (EHCP) increased by 11% over the previous 12 months to 576,000. Local authorities are finding it increasingly difficult to cope with the demand for EHCPs, resulting in thousands of children losing out. Care plans should be issued within 20 weeks but in the last couple years, only about 50% of EHCPs are being issued within that statutory time frame. It is clear, more must be done to help those with special educational needs but unless the government is prepared to commit significant additional funds, many children will not be adequately supported.

Anti Bullying week is just weeks away

Sadly, it is not unusual to find those children with special needs, being picked on at school and being bullied. Bullying at school has always existed and sadly has become more challenging with cyber bullying. This is why anti-bullying week, starting 11 November 2024 is so important, to raise awareness about bullying. The theme is “Choose Respect”. The Anti-Bullying Alliance’s aim is to empower children and young people to not resort to bullying, even when there is disagreement, and to remind adult to lead by example, online and off-line.

Dyslexia – “What’s Your Story?”

Preceding anti-bullying week in November, will be dyslexia awareness week, starting 7 October 2024. The British Dyslexia Association report that 10% of the population are believed to be dyslexic, but the condition is poorly understood. The forthcoming awareness week has a theme of “What’s Your Story?”, with several messages. It is important to raise awareness of the importance of early identification and intervention to ensure that each child with dyslexia can flourish. An additional objective of the British Dyslexia Association is to showcase the diversity of the dyslexic community. The greater understanding we have about dyslexia in children will help us all contribute in maximising a child’s potential.

New Ofsted Grading

On a positive note, it was pleasing to learn that Ofsted single headline grading would be scrapped, with immediate effect. I agree with the announcement that single grades failed to provide a fair and accurate assessment of school performance. For inspections this year, 4 grades will be used, in the categories of i) quality in education, ii) behaviour and attitudes, iii) personal development, and iv)  leadership and management. Let’s hope this new system will be welcomed by both teachers and parents.

Questions of funding of universities

There have not been such dramatic changes in higher education although we know universities face funding difficulties. Universities are able to charge overseas students substantially higher tuition fees and there has been suggestions that universities have been lowering their standards to attract overseas students. In response, Universities UK issued a statement on updating their Admissions Code of Practice, to ensure that stakeholders could have confidence “that the system is fair, transparent and robust”.

Sexual Misconduct at Universities

One of the biggest challenges we see universities facing, is sexual misconduct issues. We know that universities do not record sexual misconduct cases in a consistent manner. This leads to lack of information as to the true picture of what is going on, in our universities.

Our experience is that universities find sexual misconduct allegations difficult to investigate and resolve. In addition to our own experience of acting on behalf of students in sexual misconduct cases, a three month BBC investigation reported that fewer than half of UK universities could provide up-to-date sexual misconduct data.

This is unsatisfactory as we need a greater understanding as to the prevalence of sexual misconduct at university. We particularly require to know how such allegations are handled, including the support offered to the reporting student and for the student facing allegation of sexual conduct.

We fear sexual misconduct at university allegations will continue without research. The consequence of a lack of data is that both complainants and alleged predators will not be adequately supported and, as we have experienced, not be dealt with or judged fairly.  Getting a grip on understanding sexual misconduct at university is the first step in bringing about improvements for all students at university. They can then study in safety. Of equal important is that in circumstances where sexual misconduct is alleged, investigations and sanctions are dealt with expeditiously, fairly and sensitively.

A lot more will be said and written about sexual misconduct in universities during this academic year. We will also see continuing debate about school standards, the lack of financial support for children with special educational needs, parents of children challenging independent schools, as well as school exclusions.

School Exclusions on the increase

We are coming up to the anniversary of our analysis of permanent exclusion and suspension data in England. Detailed analysis revealed that multiple regions saw an increase in exclusions and suspensions, with all regions in the north of England above the national average. In September 2024 a report highlighted a direct link between deprivation in the north-east and high suspension and exclusion figures. This is, perhaps, not surprising and is likely to impact on special educational needs. Along with a breadth of issues we monitor, across schools and further education, we will be conducting further analysis of the government exclusion data, to be released in December. This will increase our understanding of how so many children are being failed.

We all must do more to ensure all children have equal access to a good education, whatever the background, and whatever challenges each academic year brings.

Get in touch with our specialist education solicitors

The information given here is intended for general information purposes only and should not be taken as legal advice.

For specific guidance relevant to your situation and to arrange an initial fixed fee education law consultation, please contact our education law senior administrator, Rachael, on 01895 207230 or email educationteam@ibblaw.co.uk.