A multi-academy trust has come under fire for sending an email about reopening schools that focuses on its risk of legal action rather than safety.
In the message, the Midsomer Norton Schools Partnership chief executive tells his heads about two pieces of news that “should give us all comfort”.
Alun Williams writes that lawyers have said that the schools and trust “would not be liable for prosecution if someone contracted the virus while schools were open”.
“Additionally,” he continues, “it would be hard to prove that you had picked the virus up on a school site!!”
Mr Williams told Tes the email was sent to reassure staff, many of whom had raised concerns that they may be sued should someone contract the virus at school.
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“We are genuinely really concerned about safety - so much so that we have breached guidance and allowed rotas where possible, too, to keep staff and children safe,” he added, pointing to the fact that trust risk assessments had considered staff safety.
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However, Wendy Exton, an NASUWT national executive member for the South West, where the MAT is based, said: “I think the staff read it straight away [as], ‘Oh well, if I get ill he’s run everything past a solicitor and my health and safety is not of importance.’”
Ms Exton said a number of teachers at the trust had already raised coronavirus safety concerns before the email was sent.
Regarding the email, she said: “I am really concerned about what I read, because I just thought, ‘That is a total disregard for health and safety of both the staff and the pupils.’
“I felt it was quite an arrogant email - almost like if you get ill, then prove it.”
Midsomer Norton Schools Partnership runs 23 schools and a sixth-form college.
Mr Williams said: “Many staff working in schools had raised the concern about personal prosecution should someone contract illness in school. They were rightly worried that they could be sued.
“I therefore checked this out with solicitors to see what the legal response would be on behalf of the trust and staff.
“It is clear that, provided we follow guidance and risk assessments, individual teachers or support staff would not be personally liable if they had taken all responsible steps to maintain health and safety measures.
“Additionally, and this was added by solicitors - it would be very hard to determine where a virus is picked up. It would be impossible to say where someone contracted the virus from.
“Again, this message was given to help reassure people that if and when we open schools, they would not be personally liable or be sued, as it would be hard to determine the origin of the virus.”
The email can be read in full below:
Dear All
As suggested in my most recent communication, you will need to write to parents/carers next week outlining your arrangements for the return of children on June 1st for your own school. I have spoken with nearly all primary heads today and plans are well-advanced, so thank you for your efforts once again. In the secondary schools I am suggesting that Year 10 and 12 who have not engaged in home-learning are the first group to get back into school from June 1st.
I attach a rough template of the letter to be used for your consideration and will take feedback on calls tomorrow.
For information, the risk assessments have been looked at by Stone King Solicitors and they said they were the best they had seen so far and made only minor suggestions. They were also very clear that schools and individuals (and the trust), would not be liable for prosecution if someone contracted the virus while schools were open, if we follow our risk assessments and planning documents. Additionally, it would be hard to prove that you had picked the virus up on a school site!! Both pieces of information should give us all comfort to proceed and get schools open again (whilst keeping alert!)
Best
Alun
