The government’s plan to impose minimum service levels on schools during strikes is likely to end up being challenged in the High Court, a headteachers’ leader has warned.
The general secretary of the Association of School and College Leaders, Geoff Barton, predicted that the plans would end up being tested in a legal action and told Tes he thought his union would be a part of that.
This week the Department for Education launched a consultation on creating minimum service levels to ensure that schools stay open to certain cohorts of pupils during teacher strikes.
As Tes revealed yesterday, the government has drawn up lists of groups of pupils for whom it believes there is a strong case for ensuring that schools continue to provide face-to-face education during a strike.
In consultation documents published yesterday, the DfE said that, if implemented, the regulations would mean that the employer - such as a school or local authority - could issue a work notice that would require certain individuals to work during strike action in order to deliver a minimum level of provision.
Education unions have been strongly critical of the plans, and now Mr Barton has told Tes he would expect the government’s actions to result in a High Court challenge.
He said: “In terms of what happens next, I think we will respond strenuously to the consultation and I think our members will respond strenuously individually as well because this plan would put them in an invidious position.
“But if you are asking for a prediction of where this will go, I think it will end up in the High Court with a case testing whether the government has the legal right to do this. And I’d expect that ASCL would be a part of that.”
DfE plan to limit teacher strikes
The Strikes (Minimum Service Levels) Bill was introduced in Parliament in January 2023 and received Royal Assent on 20 July.
The DfE said it wanted to reach a voluntary agreement with unions to bring in minimum service levels in schools but it has now launched a consultation.
However, the DfE was forced to relaunch its consultation, within a day of the initial launch, after a number of concerns were highlighted, including that some questions had a 150-character limit for responses, and that it required respondents to indicate support for one of the two proposals for introducing minimum service levels.
These issues were addressed when the consultation document was relaunched.
The DfE said it made changes to the survey, allowing more characters for free text responses to questions and adding the ability to select “not applicable or no preference” in response to some questions.
However, unions remain concerned about the contents of the consultation.
Consultation ‘a shambles’
Mr Barton said: “This consultation is symptomatic of a government that has lost the plot.”
He said it was “withdrawn within a few hours of being published on the Department for Education website because it was so poorly designed, and then relaunched with wording and a set of leading questions that heavily favour the imposition of minimum service levels. It is a shambles and the whole process has no credibility at all”.
Paul Whiteman, general secretary of the NAHT school leaders’ union, said: “It is pretty embarrassing for the government that within 24 hours of launching their consultation, they have had to withdraw it and then relaunch it.
“Sadly, we have seen consultations like this before where questions are asked in such a way as to limit the answers people can give. It’s a real sign of weakness and insecurity if questions are asked in a leading way in order to generate desired results. Those responding should be able to express their views on the proposals in a clear and direct way.”
The DfE has been approached for comment.
