Teaching union leaders have written to Gavin Williamson to express concern at recent reports that some EU citizen children have had their school places in England threatened because of “confused discourse” around a no-deal Brexit. 

Leaders of both the NEU and the NAHT unions have told the education secretary:  “It appears some schools have issued notices to parents that threaten their child’s place in school if they have not received EU Settled Status by 31 October 2019.”

The unions suggest that poor quality guidance from the government may be to blame. Joint-general secretaries of the NEU Kevin Courtney and Mary Bousted, together with NAHT general secretary Paul Whiteman, say in their letter that current DfE guidance “lacked clarity” and that heads could be at risk of legal action if guidance is misinterpreted.

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They state: “While noting that schools cannot take nationality or immigration status into account for admission purposes, [the guidance] fails to make clear that schools should not ask parents of enrolled pupils to prove that their child has applied for, or holds, settled status.”

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“That this has caused a great deal of anxiety to students and school staff, who are already very anxious about their future in the UK, goes without saying.”

The union leaders also express concern for staff working in schools.

They state: “We do not know what information has been issued to EU citizens working in schools but must assume that they have received similar advice regarding their right to live and work in the UK after 31 October.  

“We are concerned both by the impact that such misinformation is likely to have, and by what the spread of misinformation might mean about the quality of advice to schools.   

“Our joint view is that the guidance is open to misinterpretation and therefore places school leaders at risk of legal action.  Guidance to schools must clearly state the actions they need to take (and need not take) in relation to employees and students.  Guidance must also distinguish between what is legally required and what is not.

“School leaders should not have to contextualise general advice from the Home Office which the DfE have simply repeated verbatim.  We trust you will agree with us that DfE guidance relating to Brexit should not only be accurate, lawful and accessible, but be sensitive to the needs of those affected by it.”

The DfE has been contacted for comment.