To wonder on what constitutional basis Local Authorities are doing their own thing regarding opening schools and giving Stay at Home message

[cantdothisnow1]

2 LA's have today announced that they are not opening schools (other than are currently open to key workers and vulnerable) and another has urged a Stay at Home message.

Does anyone, more knowledgable than me, know on what constitutional basis local authorities may make such decisions. They are not devolved like Scotland and Wales and we don't run a federal system where state governors make decisions.

Could this be the start of a new political era where regions do their own thing and central government yields less power?

They maybe know what percentage of their teaching and support staff will not be at work and have decided accordingly.

StoorieHoose I know why they might want to do it but what I'm wondering is if they are legally entitled to do something different from the directions of Central Government?

I don't believe 100% of staff could be off

They could at least offer a reduced intake/timetable for year 6, the "easiest" year group.

The guidance around school opening is all guidance, and therefore not mandatory, so I don't think "constitutional basis" is required, though I'm not certain on this. I imagine things will settle and changes will be made. I also believe that central government knew full well that this might happen

This is interesting, a lot of schools that were under council control are not academy run. How many schools are under council control these days? Admittedly my child’s nursery is (although this is a conservative majority council).

Now not ‘not’

Good on them.

qweryuiop it is interesting because presumably, it being guidance, individual head teachers could determine it is impossible to be safe. I'm not sure that central government would have intended local authorities to blanket refuse to 'open'.

Millicent10 I presume therefore that private schools within the LA's in question can still follow central government guidance. Not sure about academies as they tend to follow the school holidays etc of the LA albeit that the staff are not employed directly by the LA.

Well they're the ones who have to help run local NHS services, so i guess it's their call whether they want to go along with the unofficial second-peak plans of the gov or not.

@cantdothisnow1

Yes, I see what you mean. Which authorities is it?

As far as academies go, I work at a school that is part of an academy, and the local authority would not dictate what we do, it would be the academy. But if the local authority are saying a blanket no, academies might fall in line, or they might not. It would depend on the managers of the academy and their views

Liverpool and Rochdale so far.

Has there been bad outbreaks in those areas?

Local Authorities set their own term dates
Local Authorities set their own admission systems
Local authorities decide whether to close schools in bad weather

Academy governing bodies set their own term dates
Academy governing bodies set their own admission systems
Academy governing bodies decide whether to close in bad weather

Local authorities decide on the schooling structure in their areas (infant / junior / primary/ lower / middle / grammar / high / 6th form etc)

What makes you think it should be a central government decision all of a sudden?

Listening Quietly yes I know that they do those things.

However, this is not setting term dates or admitting or closing due to bad weather it is not providing an education setting at all when the central government says it's safe to do so. Local Authorities do not have the power to not educate as they see fit or run shorter terms (to my knowledge).

Have them set a date when they aim to deem it safe? Or are they shutting permenatly

Greysparkles I don't think so, just that it won't be 1 June.

I don’t know but history is full of people in the wrong who said they were just following orders.

The wording was along the lines of 'some schools may start to reopen to some pupils....' so local authorities don't have to enable it.

Grey sparkles the priority order is year R then 1 then 6. If they don’t have enough space or staff then they prioritise I that order

@Greysparkles no they couldn’t because schools have to prioritise reception pupils if they can’t do all year groups

Technically around 30% of pupils are eligible to be in school already
and yet less than 1% are there
and the most vulnerable are the least likely to be there
(those at risk of domestic abuse and neglect)

Schools HAVE to be allowed to take the decision themselves based on

• the risk profile in their area
• the risk profile of their staff and pupils
• their building and facilities

it should NOT be dictated from Whitehall

Ah OK, I didn't realise that.
But still think they're taking the piss a bit.
If the majority of the country's schools can manage it, why can't they?

There is no constitutional basis.this is going to play out over the next few weeks and then things will start to settle. At that point las/schools /academies will start to behave in a broadly similar way.

If the majority of the country's schools can manage it, why can't they?
This hasn't happened yet though, has it?

This hasn't happened yet though, has it?

From what I hear many schools have written to parents outlining what they expect to happen and have them sign their children up to return so they know numbers.
Our school is offering 5 days a week for those year groups.... And I'm in quite a hard hit area (covid wise)
So I don't understand why those schools have just said a blanket no, I'd love to know the real reasoning behind it