Headteachers are “best placed” to determine minimum staffing levels in their schools during a strike, the Department for Education has said.
In a consultation published today, the DfE has set out two proposals for certain cohorts to continue receiving education in schools during strikes as part of its minimum service level plan.
The publication comes after Tes revealed that the DfE had suggested there was a “strong case” for around three in four pupils to continue receiving education in schools during staff strikes.
DfE strike plans: which pupils would stay in school?
Option one in the consultation includes “vulnerable children and young people”, “pupils and students due to take public examinations and formal assessments” and “children of critical workers” continuing to receive education during strikes.
Option two proposes “a hybrid approach” of “all pupils in primary and priority cohorts in secondary and FE settings” continuing to receive education.
Heads ‘best placed’ to choose which staff must work
The consultation, which closes on 30 January 2024, says: “Headteachers and principals are best placed to understand the needs of their staff, children and young people.
“We believe that they should have the flexibility to determine the appropriate staffing levels which are reasonably necessary to deliver an MSL [minimum service level] in their setting.”
Minimum service levels would be enforced by the delivery of “work notices” to employees, and the DfE has said it would be at the “discretion of individual employers” whether or not to issue work notices to deliver the MSL.
It proposes that employers “should have the ability to decide which and how many workers are identified in a work notice to deliver the MSL, rather than government setting specific ratios or percentages”.
Rotas for extended strike action
The government also proposes that for extended periods of strike action (five consecutive school days or more), schools “should use rotas to ensure that all children and young people receive some face-to-face and on-site education”.
But the use of rotas would be in addition to provision for the priority cohorts in proposal one, and all those covered by proposal two, the DfE says.
Changes could be in place from next September
While unions had voiced concerns that the legislation would be “used by the government to impose a miserly pay award next year”, the DfE said today that the changes would be in place for the next academic year.
Any plans taken forward after the consultation must be approved by both Houses of Parliament.
‘Work notices’ can be changed four days before strike
Work notices would be delivered a minimum of seven days prior to the strike day, “but can be varied by the employer up to four days before”.
The consultation says that the DfE expects those named in a work notice could include:
- Headteachers or principals
- Teachers and lecturers, including special educational needs and disabilities coordinators (Sendcos)
- Teaching assistants
- Teaching and learning support staff
- Designated safeguarding leads
- Administration staff
- Other non-teaching staff important to the running of the setting, such as caretakers, technicians, cleaners and kitchen staff.
Leora Cruddas, chief executive of the Confederation of School Trusts, said her organisation has “several concerns about this policy”.
“We are worried about whether the proposal would be implementable for a number of reasons on which we will now seek advice,” she said.
“Since this policy was first mooted we have consistently made the point to government that it is essential organisations representing employers like CST are involved in discussions, as the power to enact the legislation would sit with employers.”
Ms Cruddas said that the CST will “need to consider our position carefully, after talking to our members”.
Education secretary Gillian Keegan said that keeping children in school was her “number one priority” and “we cannot afford a repeat” of the “disruption” of the teacher strike action in the past academic year.
“Whilst I know many schools and colleges worked really hard to keep children and young people in face-to-face education during strikes, we must make sure that approach is applied in every school, in every area of country,” she said.
