English schools could face legal action if they plan to shut early for Christmas

Support us and go ad-free

Schools in England planning to allow pupils to learn remotely in the run-up to Christmas could face legal action to force them to remain open.

“Directions”

New powers introduced through the Coronavirus Act allow the government to issue “directions” to headteachers around education provision during the pandemic.

But should schools fail to comply after being directed to remain open, education secretary Gavin Williamson could apply for a High Court injunction forcing them to do so.

A-Level results
Education Secretary Gavin Williamson pictured with a riding whip (Stefan Rousseau/PA)

It’s understood that directions under the act would only be used as a last resort, while a court order would be sought if they were not followed. It comes as a headteacher in Ware, Hertfordshire, was sent a “minded to direct” letter from schools minister Nick Gibb warning that the emergency powers could be used.

Presdales School had planned to switch to online learning for the final week of term to ensure staff and pupils did not have to self-isolate on Christmas Day, Schools Week reported.

Read on...

Support us and go ad-free

But it was said to have scrapped the plans after receiving the letter.

“Low moment”

Geoff Barton, general secretary of the Association of School and College Leaders, criticised the approach. He said:

It marks a low moment when a government threatens legal action against its own school and college leaders, all of whom have worked tirelessly throughout this crisis to make sense of last-minute and chaotic decisions from Westminster.

The Government’s approach undermines the much-vaunted trust it once said it had for leaders and governors in their communities to make the right decisions on behalf of their pupils, parents and staff.

The Department for Education (DfE) said keeping education settings open remained a “national priority” and that it was “vital” children remain in school until the end of the term.

In Wales, secondary schools and colleges will move to online learning from 13 December following advice from the Welsh chief medical officer that the public health situation in the country is “deteriorating”.

It’s understood that a direction under the Coronavirus Act requiring schools to remain open has not been used to date by the DfE. Prior to a direction being issued, regional teams work with schools and local authorities to try to reach an agreement.

Support us and go ad-free

We know everyone is suffering under the Tories - but the Canary is a vital weapon in our fight back, and we need your support

The Canary Workers’ Co-op knows life is hard. The Tories are waging a class war against us we’re all having to fight. But like trade unions and community organising, truly independent working-class media is a vital weapon in our armoury.

The Canary doesn’t have the budget of the corporate media. In fact, our income is over 1,000 times less than the Guardian’s. What we do have is a radical agenda that disrupts power and amplifies marginalised communities. But we can only do this with our readers’ support.

So please, help us continue to spread messages of resistance and hope. Even the smallest donation would mean the world to us.

Support us