1 the STATES of DELIBERATION of the ISLAND of GUERNSEY COMMITTEE for EDUCATION, SPORT & CULTURE DRAFT PROPOSALS for a NEW E

THE STATES OF DELIBERATION of the ISLAND OF GUERNSEY

COMMITTEE FOR EDUCATION, SPORT & CULTURE

DRAFT PROPOSALS FOR A NEW EDUCATION LAW TO REPLACE THE 1970 LAW

The recommendations of the Committee for Education, Sport & Culture are:-

1. Pursuant to States Resolution 3 of Article X of Billet d’Etat II, 2018, to repeal the Education (Guernsey) Law 1970 as amended and to direct that the new legislation gives effect to the following propositions.

2. To direct that the new Law shall:

a) Carry forward those provisions of The Education (Guernsey) Law, 1970, and The Education (Amendment) (Guernsey) Law, 1987, set out in Appendices 2 and 3 of the Policy Letter respectively, with any amendments that might be necessary to update them according to best practice; and b) In respect of powers carried over which enable the Committee for Education, Sport and Culture to act where it appears employment is prejudicing a child’s education, health or development, direct that these powers shall be extended to all learners of compulsory education age and not just to those attending school, as set out in section 17.43.

3. To direct that the definitions to be used in the interpretation of the Law shall include those set out in Appendix 6 of the Policy Letter.

4. To agree that the objectives and principles of education in Guernsey should align with the purpose of the Committee for Education, Sport & Culture, ‘to encourage human development through maximising opportunities for participation and excellence through education, learning, sport and culture at every stage of life’ as described in section 3.

5. To direct that there will be secondary legislation enabling the devolution of governance to governing bodies as described in section 5.

6. To agree that the new Law shall provide for the appointment to the role of Director of Education or any successor title that position may be known by and to direct that appointment to the roles of Executive Principal, headteachers and teachers will be made by the appropriate governing body.

7. To agree that there shall be a universal entitlement to education in Guernsey as set out in paragraph 6.2 including access to wider services provided as part of education as described in section 6.7.

8. To agree that the ‘Compulsory Education Age’ in Guernsey will be defined as being from the beginning of the school year in which a person attains the age of 5 until the last Friday of June in the school year in which that person attains the age of 16 years as set out in section 6.18.

9. To direct that there shall be secondary legislation which will specify access and entitlement to education beyond compulsory education age, as described in section 6.19, the detail of which shall be set out in a further Policy Letter.

10. To direct that the existing Early Childhood Education entitlement is specified in the new Law, which shall include powers to vary that entitlement by Ordinance; and to further direct that the new Law shall place a duty on the Committee for Education, Sport & Culture to promote pre-school provision, as set out in paragraph 6.31.

11. To direct that the new Law shall require an officer(s) to be responsible for the educational outcomes of looked-after children as described in section 6.41.

12. To direct that the new Law shall allow flexibility in respect of the age range for educational provision for learners with Special Educational Needs and Disabilities as described in paragraph 6.55.

13. To direct that in respect of Special Educational Needs and Disabilities (SEND) assessments, as set out in section 6.56:

a) The new Law shall place a duty on the Committee for Education, Sport & Culture to ensure that a process exists to identify, assess and determine appropriate educational provision for learners with SEND, which shall include a statutory right of appeal (as set out in section 11 of the Policy Letter); b) The new Law shall place a duty on independent schools to maintain a register of all learners who have been identified as having SEND and require that register to be shared with the Committee for Education, Sport & Culture; c) The new Law shall place a duty on the governing bodies of independent schools requiring them to provide, at their own cost, SEND educational support for learners with SEND enrolled at those schools; d) The new Law shall place a duty on the Committee for Education, Sport & Culture to assess and provide advice in respect of SEND support

services for those children/learners with SEND who are outside of States schools whose additional needs are brought to the attention of the Committee.

14. To direct that, in respect of Curriculum, as explained in section 7.1, the new Law shall:

a) Place a duty on The Committee for Education, Sport and Culture to develop the Bailiwick Curriculum in collaboration with key stakeholders; and b) Place a duty on States-maintained schools to interpret the curriculum and deliver education in accordance with it.

15. To note that, as described in section 7, collective worship shall be omitted from the new Law and to direct that the new Law shall:

a) Not prohibit collective worship in schools undertaken in accordance with guidance issued by the Committee for Education, Sport & Culture; b) Allow parents/carers to withdraw their child from collective worship; and c) Not allow parents/carers from withdrawing their child from Religious Education lessons.

16. To direct, as described in section 7.14 that the new Law shall enable the Committee for Education, Sport & Culture to take action where it is not satisfied - following the evaluation, monitoring and comparison of performance - with the progress being made by any States-maintained school.

17. To direct, in relation to inspection as set out in section 7.20 that the new Law shall:

a) Require all schools to be subject to inspection by an inspectorate approved by the Committee for Education, Sport & Culture at a prescribed frequency; b) Provide for an agreed inspection framework with regard to collective worship and denominational education in voluntary schools; and c) Require that inspection reports are to be provided to the Committee for Education, Sport & Culture and published.

18. To direct, in relation to exclusions, that the new Law shall prohibit the permanent exclusion of a learner of compulsory education age who would otherwise be included in the universal entitlement to education, as described in section 8.9.

19. To direct that the new Law shall place a duty on governing bodies to improve

attendance at school as explained in section 9.7.

20. To direct that the new Law shall prohibit the introduction of fees in respect of the admission to, and provision of education for, pupils registered at States schools; and to further direct that the new Law includes powers enabling the Committee for Education, Sport and Culture to specify circumstances when other charges may be made, as described in paragraph 10.6.

21. To direct that the new Law shall include powers enabling the Committee for Education, Sport & Culture to operate a transport policy to facilitate the school attendance of all learners as described in section 11.11.

22. To direct that the new Law includes a definition of home education which emphasises parental choice and as described in section 12 to further direct: a) That the new Law places a duty on the Committee for Education, Sport & Culture to identify children of compulsory education age who are missing education; b) That the new Law places a duty on the Committee for Education, Sport & Culture to maintain a Home Education roll; c) That the new Law includes a requirement for all learners of compulsory education age to be included on either a school roll or the Home Education roll; d) That the new Law includes a requirement for formal permission of the Education Office to add any child or young person to the Home Education roll where they are in receipt of an intervention from a professional agency; e) That the new Law places a duty on the Committee for Education, Sport & Culture to: a. Ensure that proposals in place in respect of each home-educated learner are sufficient to prevent that child or young person from being identified as a child missing education. b. Prescribe the frequency and extent of monitoring and support visits. c. Prescribe the availability of qualifications to home learners including that there shall be no specified maximum number of qualifications accessible.

23. To direct that, in respect of school admissions described in section 14.8, the new Law shall provide for the management of admissions into States- maintained schools by;

a) a system of catchment areas for learners joining primary education; and b) through a partner school model for learners joining secondary education, such that each primary school will partner with one of the

secondary school sites.

24. In respect of appeals and complaints as set out in section 14.24, to direct that the new Law shall:

a) Provide a statutory right of appeal to an independent education appeals body in respect of certain decisions including, but not limited to, matters such as school exclusions and admissions, taken by or on behalf of the Committee for Education, Sport & Culture under the provisions of the new Law; and b) Require the independent education appeals body, in the context of such appeals, to have regard to the need for the efficient and effective instruction of learners and the avoidance of unreasonable expenditure for the States.

25. To direct, in respect of voluntary schools, as described in section 15, that the new Law shall:

a) Define voluntary schools but limit its application to only those voluntary schools existing when the new Law is enacted and require any new schools to be established as either an independent school or a States- maintained school; and b) Enable any financial and operational arrangements in respect of voluntary schools to be prescribed by the Committee for Education, Sport & Culture following negotiation between the voluntary schools and the Committee for Education, Sport & Culture.

26. To agree that in respect of: a) Admissions to voluntary schools, learners may be prioritised by reference to faith-based criteria; and b) Appointment to key leadership posts in voluntary schools, applicants may be prioritised by reference to faith-based criteria, as set out in section 15.13.

27. To direct that, in respect of independent schools as set out in section 16, the new Law shall:

a) Clarify what constitutes a school by reference to the extent of education provided; b) Provide that an independent school can be defined as such irrespective of whether its proprietors are in receipt of States funding; c) Require the proprietors of independent schools to register the school prior to the school’s establishment and to provide such information and meet such criteria as prescribed by the Committee for Education, Sport

& Culture, having regard to any supplementary guidance provided; d) Require the proprietors of independent schools to re-register at regular intervals as prescribed by the Committee for Education, Sport & Culture; e) Include powers to enable the Committee for Education, Sport & Culture to prescribe, as a condition of registration, the reporting of inspection outcomes, formal attainment measures and any other data, and the intervals at which such data should be reported; f) Prohibit the operation of an unregistered school; g) Enable provisions to require the inspection of independent schools, in addition to the formal inspections described in Proposition 27 at an interval set out in Regulations; and h) Include powers to enable the Committee for Education, Sport & Culture to prescribe the standards to be adopted by, and applied to, independent schools.

28. To direct that in respect of general responsibilities to safeguard and promote the welfare and wellbeing of learners as set out in section 18, the new Law shall:

a) Place a duty on education providers to make suitable arrangements through policies and practices that are regularly reviewed and updated; and b) Include a power to enable the Committee for Education, Sport & Culture to specify requirements for such policies and practices through secondary legislation and / or guidance.

29. To direct that in respect of behaviour, the new Law shall place a duty on the governing bodies of schools to promote good behaviour as described in paragraph 18.14.

30. To direct that in respect of medical inspection and treatment as explained in section 18.18, the new Law shall:

a) Place a duty on the Committee for Education, Sport and Culture to arrange for medical inspections/treatment for all learners of compulsory education age to be conducted under the supervision of the Director of Public Health. The definition of such inspections and treatment is to be sufficiently broad to cover all relevant health services; b) Place a duty on the Committee for Education, Sport and Culture and the governing bodies of all schools, to encourage and assist learners and their parents/carers to take advantage of health services provided via schools; and c) Include a power for the Committee for Education, Sport & Culture to enable a head teacher to direct that a child should not attend school in circumstances when attendance would be detrimental to the health of

that child, or others, as described in section 18.22.

31. To direct, in relation to corporal punishment as described in paragraph 18.33, that the new Law shall:

a) Prohibit corporal punishment in all schools; and b) Specify that actions including the use of force in certain circumstances, such as for the prevention of personal injury or damage, are not corporal punishment.

32. To direct that, in respect of food and activity as set out in section 18.54, the new Law shall include powers to enable the Committee for Education, Sport & Culture to prescribe the standards to be adopted for the provision of suitable premises for recreation and physical activity in States’-maintained schools

33. To direct, that in respect of data sharing described in section 18.68, the new Law shall:

a) Include a power to enable the processing of data, the detail of which will be included in regulation and by policy, to include ethnicity, SEND, uniform grant and any other data that the Committee for Education, Sport and Culture may prescribe; and b) Enable the sharing of data as necessary to support effective safeguarding and the delivery of public services.

34. To direct that, in respect of reporting as set out in section 18.75, and in order to fulfil the reporting obligations carried forward from the 1970 Law as set out in Appendix 2 and 3, the new Law shall:

a) Place a duty on the Committee for Education, Sport & Culture and / or governing bodies of States-maintained educational establishments in respect of the reporting of inspection outcomes, formal attainment measures and any other data, at regular intervals all of which may be prescribed by the Committee for Education, Sport & Culture; and b) Place a duty on the Committee for Education, Sport & Culture and / or governing bodies to provide parents/carers of learners of compulsory education age or below attending States-maintained or independent schools regular and adequate information relevant to learners concerning their progress, assessment outcomes and other information as prescribed by the Committee for Education, Sport & Culture.

35. To direct that in relation to the registration of teachers as summarised in section 18.82, the new Law shall:

a) Include powers to enable the States to prescribe that teachers in all Guernsey schools shall be appropriately qualified, and to provide for exceptions; and b) Include powers to enable the Committee for Education, Sport & Culture to maintain a central register of practising appropriately qualified education professionals.

36. To direct the Law Officers to prepare such legislation as may be necessary to give effect to the above propositions, including any necessary or expedient supplemental and consequential provision.

37. To direct the Committee for Education, Sport & Culture to continue to engage with trade unions for the education profession in respect of the drafting of the legislation arising from the above Propositions.

THE STATES OF DELIBERATION of the ISLAND OF GUERNSEY

COMMITTEE FOR EDUCATION, SPORT & CULTURE

DRAFT PROPOSALS FOR A NEW EDUCATION LAW TO REPLACE THE 1970 LAW

The Presiding Officer States of Guernsey Royal Court House St Peter Port

?st/ ?nd/?rd /?th Month, 2020

Dear Sir

1 Background The organisation and delivery of education in Guernsey and Alderney (‘the Islands’) are currently set out in the Education (Guernsey) Law 1970, as amended (hereinafter referred to as ‘the current Education Law’). For many years it has been widely accepted that the existing legislation is outdated, does not meet the needs of a modern education system and fails to capture the powers and duties expected of a 21st century government. An urgent review of the current Education Law was recommended as part of the 2012 Mulkerrin Review of Education in Guernsey1. While some legislation has been progressed since the current Education Law was enacted, for example the Education (Amendment) (Guernsey) Law 1987 which addresses special educational needs, successive Committees have been unable to carry out a full review. In January 2018, the States considered the future structure of secondary, further and higher education. Shortcomings associated with the existing legislation were noted and the States subsequently2 resolved to repeal the legislation and replace it with a new Education Law (hereinafter referred to as ‘the new Law’), which reflects the requirements of a contemporary education system. Key issues highlighted for inclusion as part of the review of the legislation were ‘the educational aims and aspirations of a modern democratic society, educational policies adopted by the States in recent years [and] a genuine devolution of governance and leadership’3 to schools. The new Law affords an opportunity to

1 https://gov.gg/article/99683/Education-Department-publishes-post-Mulkerrin-Action-Plan 2 Resolutions Billet d’État No II, 15th December, 2017 3 Ibid

make a significant, positive and enduring impact on improving outcomes and ensuring that all of the Islands’ young people in an education system which emphasises excellence and opportunity. Since January 2018, work has been under way to review the current Education Law, identifying work well and should be retained, elements that are no longer appropriate and those elements that are missing, in order to develop policy recommendations for the replacement legislation. The review has been comprehensive. Engagement with subject matter specialists through working groups has ensured that the technical aspects of these proposals are grounded in current best practice. Recommendations have also been considered by external stakeholders to obtain feedback from individuals and groups most likely to be affected by the proposals. Public consultation has also been carried out and the responses analysed to ensure the voices of all stakeholders are reflected in the proposals. The proposals capture the strategic aim of promoting excellence and opportunity across education in Guernsey within a Law which is permissive and enabling. The Committee for Education, Sport and Culture (CfESC) has developed Propositions which reflect the recommendations arising from the review of the current Education Law. They set out what is required to meet the needs of Guernsey in the 21st century, fulfil the requirements of key international conventions and contribute to the Committee’s agreed strategic outcomes for the community4 as described in the Policy & Resource Plan. 2 Publication of proposals Following the States resolution to repeal and replace the current Education Law, work began on the review of the requirements and the development of proposals for a new Law. Public consultation in respect of these proposals was undertaken in the first quarter of 2020 with the intention to submit a Policy Letter for debate before the end of the Political term of office in June 2020. In March of 2020 Guernsey and the rest of the world began to experience the unprecedented disruption of the COVID-19 pandemic. This disruption resulted in resources being redeployed and political and officer focus shifting in order to provide a response to an unplanned emergency situation. As a result of this, the General Election dates were also moved. The proposals for the new Law have now been completed however due to the disrupted timetable, the Committee has not been able to submit them for consideration before the end of term as initially planned. In order to draw the work to conclusion, the Committee is publishing the proposals and underpinning rationale with the recommendation that the next Committee submit them to the States in the new Political term. This iteration of the proposals and accompanying rationale incorporates relevant feedback from the public consultation undertaken earlier this year. A full review

4 The Policy & Resource Plan 2019 update

of the responses received is attached at Appendix 1. An advantage of the publication of the proposals at this stage is the opportunity for further public engagement. 3 Principles of Education in Guernsey The new Law will set out the framework for the provision by or on behalf of the States, of an efficient, effective and sustainable public system of education for:  all Guernsey residents of compulsory education age, without payment for admission or education fees;  all other Guernsey residents who desire and are able (financially and otherwise) to pursue such educational opportunities as the States can reasonably, and within available resources, provide; and,  which sets out appropriate approval, inspection and oversight of independent educational establishments. Underpinning Guernsey’s education system is the principle that all children and young people should be able to access the highest standards of education possible within the resource constraints set by Government. In line with the Committee’s purpose, the objectives of Education in Guernsey are to encourage development and participation in society by maximising opportunities through learning, sport and culture at every stage of life, and in particular of children and young people. Specifically, the objectives are to:  help everyone, especially children and young people, toward wide- ranging fulfilment and social engagement to the best of their potential;  improve standards and outcomes for learners;  promote the development of rounded and positive character (including people’s creative, cultural, emotional, ethical, intellectual, physical and social development;  foster the living of responsible lives, in a spirit of mutual respect, peace, tolerance and equality;  develop social skills, the ability to form good relationships, participation in community life, and fulfilment of civil and social responsibilities; prepare young learners for employment with workplace skills and enhance those of adults;  instil respect for human rights and fundamental freedoms, including cultural and diversity awareness, respect for the rule of law, respect for other people and the environment. 4 Legislative framework International Conventions Once they have been ratified, UN Conventions are legally-binding international agreements. Each convention has a set of articles which conveys its objectives

and in order to satisfy reporting requirements relating to a States’ Party’s adherence, the drafting of any new legislation must account for convention principles. There are two key conventions which need to be considered in respect of any legislation relating to Education in Guernsey, the United Nations Convention on the Rights of the Child (UNCRC), which is currently in the final stages of extension to Guernsey and the United Nations Convention on the Rights of People with Disabilities (UNCRPD). The States’ Disability & Inclusion Strategy (Billet XXII of 2013) sets out that the UNCRPD should be extended to Guernsey and while it has not yet been determined whether Guernsey is at a stage where it could reasonably seek extension, it has been necessary to consider the Convention’s Articles as part of the review of the legislation in order to future-proof the new Law as far as is possible. A learner- centred approach to education is a key component of UNCRC and is a fundamental characteristic of a modern education system. A commitment to the provision of inclusive education was explicit in the resolutions agreed at the States Meeting on 17 January 2018 when the future model for secondary and post 16 education was approved. (Billet d’État II of 2018. Resolution 15). It is also crucial that the new Law is informed by the Disability & Inclusion Strategy which, as has been previously noted, requires that Guernsey seeks extension of UNCRPD. The UNCRPD guidance defines inclusive education as ‘the result of a process of continuing and proactive commitment to eliminating barriers impeding the right to education, together with changes to culture, policy and practice of regular schools to accommodate and effectively include all students.’5 By committing to provide an inclusive education it is therefore key that Guernsey is able to demonstrate progress in the removal of obstacles to accessing education and this can be evidenced through provision which is based around the individual needs of the learner. Primary and secondary legislation In January 2018, the States resolved to repeal the current Education Law and replace it with a new Law. Once the States has agreed to create new legislation, or amend an existing piece of legislation, this legislation has to pass through several stages within the legislative drafting process before it can take effect. The stages vary depending on the type of legislation, for example, primary legislation, a Projet de Loi, first requires agreement by the States and cannot come into force until it has been approved by the Queen in the Privy Council. Once approved, an Order in Council is provided and subsequently registered by the Royal Court, at which point it becomes a Law. In general, primary legislation covers areas that are of fundamental importance or when an existing Law needs to be amended. Secondary legislation, an Ordinance, is passed by the States, does not require the approval of the Queen in Council and this can come into

5 UN Committee on the Rights of Persons with Disabilities (2016) General comment No. 4 on the right to inclusive education

effect once approved by the States. Secondary legislation often provides further details to areas already dealt with by Law. It is important to recognise that due to the Bailiwick’s system of government, there is a greater use of policy to set out responsibilities than in other jurisdictions. The proposals for the new Law have been developed to account for this. The diagram below shows the legislative drafting process from policy development to commencement as a Law.

Figure 1: Legislative drafting process

The current Education Law has been in place since 1970 and while in some respects it has accommodated many significant changes and developments to Guernsey’s education system in the intervening period, it is outdated and no longer reflects current education needs and practice in the 21st century. Importantly, since the introduction of the current Education Law, the legislative landscape has changed considerably with the introduction of significant pieces of legislation including the Children (Guernsey and Alderney) Law 2008 and the Human Rights (Bailiwick of Guernsey) Law 2008. The review of the education legislation has been overdue not least to account for progress in civil rights and liberties. There are a number of provisions and definitions which are included in the current Education Law which when reviewed were considered to be so fundamental to the delivery and organisation of a system of education that they would be carried over to the new legislation. Appendix 2 and 3 includes a list of these provisions with explanatory commentary. The review of the legislation has also extended to the Education (Amendment) (Guernsey) Law 1987, which updated the 1970 provisions in a number of areas including the identification and assessment of children with special educational needs and provision of special education. The content of the 1987 amendment has been examined to ensure that any key powers, duties or provisions are

carried over and updated as necessary. Appendix 2, 3 and 4 sets out detail about what the new Law should retain and what should not be included. It is intended that the primary legislation will be constructed to be permissive and sufficiently flexible to account for the evolving landscape. Secondary legislation and operational policy will contain the detail required to implement provisions and regulate practice. For example, the new Law will provide for an Ordinance to establish a statutory corporation to enable governance of The Guernsey Institute. The new Law will also provide for Regulations in respect of schools maintaining registers of attendance. In order to ensure the flexibility of the new Law, there are some recommendations to remove existing provisions. Appendix 5 provides a breakdown of those provisions which it is proposed are not included in the new legislation. If it follows the structure of the existing Law, the new Law will only extend to Guernsey and Herm. The provisions could be extended to Alderney with any appropriate amendments. The Committee has engaged with Alderney and support for the principles was expressed. Both Alderney and Sark will be formally consulted prior to formal submission of any policy letter resulting from this report. 5 Governance Under the current Law there is no framework providing for accountability at school level and it has been recognised by successive Committees that the extent of control over education delivery by the central Education Office is unsatisfactory and that there is a need to split the accountability and responsibility for the management of strategy, operations and regulation. In 2018 the States resolved that the review of the Education Law provided an opportunity to devolve governance to school level and enable the Committee to focus on the ‘central government functions of law, strategy and substantial policy, curriculum, funding and the accountability of performance and standards in schools and colleges’.

The current system of centralised governance and accountability does not empower schools to be the key decision makers on important operational matters. There is comparatively little flexibility for headteachers to target resources to meet needs, particularly in the case of HR and financial resources and this limits the implementation of effective interventions. Instead decisions are currently made at a central level, away from those best placed and most informed to do so. Additionally, the level of autonomy between schools is variable and because arrangements underpinning this have no formal basis they are at risk of inconsistency and there is a lack of clarity in respect of responsibility and accountability. The absence of formal governance provisions manifests in the Committee operating as governing body for all States maintained schools. This was identified as a significant weakness in 2012 by the Mulkerrin Report and a recommendation was made for the devolution of responsibilities to school

governing bodies in a system of school accountability similar to that in the UK.

To achieve the Committee’s vision of extending opportunity and excellence and to secure better outcomes for more learners, it is important that school leaders have greater freedom to deliver what the children and young people in their care need and to enable decisions about a students’ learning taken as close to them as possible. In order to achieve this, it is key to deliver a system where schools are accountable for delivering excellence and equity, with greatly enhanced leadership support available from the Education Centre. This will provide for the greatest opportunities from a shift of governance.

5.4 The devolution of governance will place children and young people at the heart of the education system as their success depends on the quality of learning, teaching and leadership delivered. For education to be successful it must be well governed with a clear division of responsibility and accountability, ensuring a balance of power and authority between key parties. It is important to recognise that by devolving responsibility and changing the governance arrangements will support improvement in educational attainment and management of schools within the Bailiwick.

5.5 A structured approach to the development of governance across the education sector will allow for more effective monitoring and management of education settings, where roles and responsibilities can be appropriately split to ensure effective oversight, and that resources can be targeted to meet individual needs. Evidence from the The Organisation for Economic Co-operation and Development (OECD) indicates that ‘school leaders can make a difference in school and student performance if they are granted the autonomy to make important decisions’.6 Where there are effective governance arrangements in place it can transform the culture of a school; not just through holding school leaders to account, but by involving all staff, parents and the students in the vision of continuous improvement.

School governance systems vary. England, Wales and Northern Ireland operate similar systems of school governance for state schools, whereas Scotland does not have formal governing bodies and instead has Parent Councils. The degree of autonomy granted to schools also varies from country to country. In England, Wales and Northern Ireland, governors have similar roles and responsibilities but there are differences in governance structures and representation on boards.

The key to good governance lies in the interaction between the governing body and the senior leadership team, and in the competence and integrity and constructive involvement of each individual governor. There is a good

6 OECD (2008) Improving School Leadership, OECD Publishing, Paris http://www.oecd.org/edu/school/improvingschoolleadership-home.htm

understanding of what governing bodies should be: seats of challenge and inquiry that add value without unnecessary interference whilst supporting the leadership team to be more effective. A governing body will only mature if it is competent, coordinated, collegial, and focussed on an unambiguous goal. It is not possible for a governing body to simply evolve in this way it must be built, directed by a vision through continuous improvement which means that a governing body must return to the same questions about purpose, resources and effectiveness.

5.8 In considering an appropriate system of governance for Guernsey is it important to note that there is no ‘one size fits all’ model or solution that can be directly applied from another jurisdiction and any new model should be appropriate to Guernsey’s scale. The development of any model needs to take into account specific features of Guernsey’s education system and policy priorities. However, as with the introduction of any new system, the governance model will need to include increased leadership support and training and development for those members of the community acting as governors. This is key to deriving the greatest opportunities from a governance shift to greater delegation and devolvement.

5.9 In Guernsey, each school has a management committee which provides a level of value dependent on the relationship with the school leadership team and the individual committee members. Future devolvement of functions such as finance and recruitment and greater accountability to the school is a significant shift from the current governance arrangements and the scope of the role of existing school committees. New governing bodies will require an identified skill set and level of knowledge and expertise that is appropriate to the level of devolvement and accountability. In a future devolved model and the introduction of governing bodies the requirement for school committees will fall away.

5.10 Over the past 18 months a significant amount of work has been undertaken to consider the most appropriate governance models for the different stages of education in Guernsey, however there is still a level of detail to be considered and the views of the wider profession are required before exact models are agreed. Initial indications are that the most appropriate approach would include setting up The Guernsey Institute as a Statutory Corporation, one governing body to serve all of the secondary schools and governing bodies for clusters of primary schools, with a separate governing body for Alderney with governors appointed by the CfESC. Governance for the Catholic schools, Le Rondin, Le Murier and Les Voies requires further detailed work and collaboration with key stakeholders to establish the most appropriate arrangement. There are also a number of other factors which could impact the work, including the need to ensure any governance model for education aligns with wider governance review taking place as part of the Public Service Reform and the outcomes of the SEND and

review of primary education. Given the scale of the change likely to be required, it is proposed that the detailed arrangements for governance in Guernsey are set out for consideration by the States in a further policy letter. To enable the publication of the proposals for the new Law, the Committee is recommending the Law includes an enabling power providing for the devolution of governance to governing bodies, the detail of which will be set out in secondary legislation.

5.11 In the Education Law7 provision is made to appoint ‘a Chief Education Officer of the States’ called ‘the Director of Education’ and for the appointment and dismissal of headteachers and teachers. The appointment of the Director of Education is currently made in consultation with Policy & Resources Committee (P&RC). The States of Guernsey has now moved to a structure where strategy and policy development sits under two Strategic Leads. All operations sit under a single strategic lead for operations and four Directors of Operations who report into one of the Strategic Leads for policy. The position of Director of Education is accountable to the Strategic Lead for People Policy. Greater devolvement of powers to governing bodies and an expectation that the responsibilities of the Committee will move towards a much more strategic and regulatory role will impact the role of Director of Education. Other, similar heads of profession positions have their duties and powers set out in statue for example the Director Revenue Services and the Director of Public Health.

5.12 The requirement for an independent senior education officer to advise the Committee is key in light of the increased accountability for headteachers and the changes devolved governance would bring, however the use of specific job titles in the primary legislation is considered to be limiting. It is therefore proposed that the new Law continues to include a provision for the appointment of an individual to act in the capacity of senior education advisor, and that the Director of Education position or a successor title is maintained as a statutory appointment, to carry out duties assigned by CfESC, appointed by P&RC advised by the CfESC. Section 9 of the current Law specifies that the appointment and dismissal of teachers shall be under the control of the Committee. To account for the increased accountability at school level it is proposed that any changes to governance arrangements will require that the appointments of Executive Principals, or equivalent or successor titles, head teachers and teachers are made by the appropriate governing body and until such time that they are established, the Committee will act as governing body.

Summary  The new Law will set out an enabling power for the Committee to devolve governance to governing bodies through secondary legislation. The detail of the arrangements will be set out in a further policy letter for consideration by the States.

7 http://www.guernseylegalresources.gg/CHttpHandler.ashx?id=71434&p=0

 Given the establishment of governing bodies, the requirement for school management committees will not be included in the new Law.  The new Law will provide for the appointment to the role of Director of Education or any other title the position may be known by.  The new Law will specify that the appointments to the role of the Executive Principal, Headteachers and teachers will be made by the appropriate governing body and until such time that they are established, the Committee will act as governing body for all States maintained schools.

6 Entitlement The Committee’s vision is to extend opportunity and excellence and to secure better outcomes for more learners and this principle has informed the review of the proposals for the new Law. The delivery of an inclusive education system places the learner at its centre and supports the Committee’s vision. The manner in which access to education is defined in legislation is key to demonstrating an inclusive approach, where high standards are expected irrespective of aptitude or individual needs. Comparable jurisdictions including England and Jersey, define access to education by stage, setting out descriptions of primary, secondary and further and higher education. While this provides a useful tool in defining the way in which education is organised, it has the potential to be limiting and the legislation will be required to be sufficiently flexible to account for the future. An alternative approach, which has the added advantage of being more learner centred, is to define access by universal entitlement. Entitlement is a right provided to eligible individuals and the rules of that eligibility are normally established by law or policy. A universal entitlement is access to a service or benefit for all citizens or a defined group which is provided more or less equally. A universal entitlement to education is included in the legislation of jurisdictions which are considered to be at the forefront of progressive and inclusive education systems and of an education system of high standards, including Japan, Finland and Canada. Using this approach in the new Law would not only ensure the legislation is enduring, it would also represent a significant and tangible commitment to provide education on the basis of a student’s individual needs and demonstrate that Guernsey is taking steps to eliminate barriers to education, as required by the UNCRPD. This approach has been considered by stakeholders and is regarded as fair, providing for equality of opportunity with the potential of matching the provision with the developmental needs of the learner. Universal entitlement is internationally recognised in both aspirational and general terms but if domestic legislation reflecting this is not very carefully crafted, some may wrongly perceive, and may even assert in the courts, an

absolute right to particular (in the case educational) services, regardless of cost and resource availability. It is not the intention that the States’ financial exposure is increased by the proposed change in policy so it will be important that it is expressed as an aspirational concept as part of the fundamental principles underpinning the new Law. It will also be key to include clarity that where a student requires provision to be adjusted in order that they are able to access it, the adjustment does not impose a disproportionate burden. This is aligned to the principles included in the proposed discrimination legislation (Billet d’État XV of 2020, Article XV)8. Entitlement also extends to services delivered to schools to support students’ access to learning in a structured school environment. In Guernsey these services include education support services, for example the Communication, Interaction and Autism Service, alongside commissioned services such as the School Sports Partnership delivered by the Sports Commission. Services can be accessed in various ways depending on the service and an individual’s needs. The current Education Law does not directly reference entitlement to services, and there is limited detail on eligibility. Section 50 of the current Education Law includes a section on the ‘youth employment service’. This service no longer exists and the services detailed in section 50 are now carried out by the careers service, ‘Careers Guernsey’. Research demonstrates that in other jurisdictions such as the UK, Isle of Man and Jersey, legislation specifically mentions employment services and careers guidance. Entitlement, access and pathways to services within the broader education context are currently inconsistent and often difficult for families to navigate. Access to education support services including the Communication, Interaction and Autism Service, Educational Psychology Service and Literacy Intervention Support, is only routinely available to those families with children in States maintained schools. Services are not generally provided to students outside of the States of Guernsey school system unless they are specifically requested. All families can request access and where a child has a marked level of educational need access to services can be arranged where deemed essential to meet those needs. Generally independent schools make their own arrangements for provision of any required service. Speech and language therapy, occupational therapy and physiotherapy are available for all families irrespective of where a child receives their education. Children with additional needs access these services through an appropriate referral. The new Law provides an opportunity to demonstrate that there are a range of services available to offer support outside of formal education. A new governance model for Education and the wider States of Guernsey will require the Law to allow for services to be delivered centrally from the States or commissioned and delegated to external providers. It is important that the

8 Proposals for a New Discrimination Ordinance (Billet d’Etat XV of 2020, Article XV)

primary legislation provides flexibility in how oversight can be provided and how services are delivered. For example, provision could include services catering for careers, sports, culture as well as services such as the Youth Commission. Other jurisdictions such as England and the Isle of Man allow for flexibility in legislation by outlining that they may provide or arrange for the provision of facilities around the personal and social welfare of individuals. Summary  The new Law will define access to education for learners of compulsory education age by way of universal entitlement within available and reasonable resources.  The new Law will clarify that services can continue to be provided flexibly either centrally, by commissioning or by delegation.  The new Law will specify that a variety of education support services are provided for different needs.  Secondary legislation will set out the details of access to the provision of wider educational facilities and opportunities. Compulsory education age The current legislation makes reference to learners being of compulsory school age in Guernsey. As part of the work to review the current Education Law it has been identified that given not all children and young people are educated in school all of the time, a more inclusive term would be compulsory education age. It is therefore proposed that this term is included in the new Law. The age at which compulsory education is provided for is defined in the existing legislation as ‘any age between five years and sixteen years’9. There are further provisions which specify the last day of June as being the cut off as to when a student is considered to have reached the upper limit for the purposes of leaving school. The current Primary Admissions Policy10 specifies that children must be in receipt of education from the academic term following their fifth birthday. Children who reach the age of four before 31 August are also entitled to start school in September provided there is sufficient capacity at the school. While there are flexibilities around this arrangement to allow for individual needs in cases where children have a special requirement, in most instances it is the case that children begin their school life together as one cohort in September each year. There are significant advantages to maintaining this approach in the new legislation. By starting education together in one group, children benefit from developing new relationships with peers, which supports the transition between providers. This partnership approach works to achieve a positive move from pre-

9 Section 16 (1) Education (Guernsey) Law 1970 10 Primary Admissions Policy

school into schools for all children. It also has the advantage of providing straightforward oversight in respect of the admission of pupils into their Reception year. The inclusion of a defined starting point for compulsory education age would also provide clarity for parents and carers. Consideration has been given to making formal arrangements for those children who are born in the summer term to be able to defer starting school by one year. Where this option is pursued in other jurisdictions, it is implemented with the caveat that a student will not complete GCSEs until 17. The risk of this approach is that it could lead to young people leaving school at 16 without qualifications. Alternatively the pupil could be required to miss year 6 or year 7 and re-join their chronological year group once relationships have already been formed. Neither of these scenarios is considered to be optimum. Currently parents/carers can request a deferred school start for their summer- born children in exceptional circumstances; however in practice there are very few requests. Feedback from key stakeholders indicated support for not providing any entitlement to deferral with the risks outweighing any potential benefit. The concerns expressed by stakeholders included the potential detrimental impact on learners’ wellbeing from remaining a year behind their peers throughout formal education system either for all or part of the time. Given the advantages of accessing early childhood education and care, there is an argument to extend compulsory education age to encompass pre-school. Guernsey already sees very high levels of attendance at pre-school, indicating that there is not a significant requirement to extend compulsory education age in this respect. There are additional operational complexities; for example, preschools are currently run as independent businesses and to ensure equality of access and opportunity, the level of pre-school care would need to be standardised across all providers. While it is not considered appropriate to make pre-school compulsory, the Committee strongly advocates both the attendance at pre-school and that the age should be looked at in future. The existing definition specifies the upper limit of compulsory education age being the last Friday in June of the academic year in which a student reaches 16. It is important that there is a clear end date in order to manage the expectations of parents, carers and learners and to safeguard the education of children and young people, however it is acknowledged the current end date is not aligned with the definition of the start of compulsory education age. It is therefore proposed that the upper limit of compulsory education age is defined as the end of the school year in which that person attains the age of 16 years. This would maintain the clarity that currently exists on the end of compulsory school age, in that it is not when the young person attains the age of sixteen, but at the end of the academic year in which they attain this age, and is more in line with the definition of the commencement of compulsory education age. Summary

 The new Law will use the term ‘Compulsory Education Age’ in place of Compulsory School Age.  The new Law will define the start of Compulsory Education Age as the beginning of the school year in which a learner attains five.  The new Law will not include a formal deferral provision for summer-born children.  The definition of Compulsory Education Age in the new Law should not extend to include pre-school.  The new Law will define the end of Compulsory Education Age as the end of the academic year in which the learner attains 16. Participation age As part of the review of the current Education Law, the introduction of a participation age has been considered. Rather than raising the school compulsory leaving age or precluding young people from entering into employment, participation is about introducing the concept of continued – and continuous - learning and providing young people with a choice about how to continue learning in a way that best suits their needs. Guernsey currently has only a small number of 16-18- year olds who choose not to continue in education or become an apprentice. Young people most likely to be affected by the introduction of participation age are those who, in the absence of compulsory participation, would likely not be in education, employment or training (NEET). The most recent figures from 2018 show that 89% of 16- year- olds were participating in post-16 education or had joined an apprenticeship scheme11. In England and Wales, a participation age of 17 and, subsequently 18, was implemented in 2013 and 2015 respectively. The provisions were introduced to ensure that all young people had the chance to develop the knowledge and skills they need for adult life by continuing their learning in order to secure the qualifications, knowledge and practical skills necessary to help them succeed whether through further education, an apprenticeship or employment. Among the main benefits for young people of further participation in education are increased aspiration, better life chances and an increase in potential future earnings. Even though there is evidence that vocational qualifications at level 2 - equivalent to GCSEs, or below have little economic impact generally, research suggests that they are likely to benefit young people who leave school with no qualifications. Young people who participate in post-16 education or training are also more likely to be in employment at a later date. Participation rates for learners in Guernsey aged 16-19 are high and retention rates for learners on level 1 and level 2 courses are in line with UK benchmark at

11 States of Guernsey (2019), Guernsey Facts and Figures

around 90%. However, the pass rates for level 1 and 2 programmes are higher than UK average. Establishing a participation age would require young people to remain in education or employment- related training such as apprenticeships. Research identifies that young people who leave education with lower level qualifications, enter the labour market in generally low skilled low paid roles with limited opportunity for training or progression which impacts on life chances12. . It is possible that within the context of Guernsey’s current economic climate, participation age is most effective when young people are encouraged to participate of their own free will or alongside the potential introduction of a universal entitlement for all ages to access a level 2 or 3 qualification. In order to determine which approach would be the most appropriate for Guernsey, further work to establish the conditions for success for post-16 participation in conjunction with other initiatives, engagement with industry and a full cost benefit analysis would need to be undertaken. It would be helpful to build some flexibility into the new Law so that there is scope for participation rates to be adjusted over time, in line with best practice, evidence and experience. Summary:  The new Law will allow for secondary legislation which specifies the entitlement for participation and qualifications. The secondary legislation will set out exact requirements of entitlement and participation once further work has been undertaken. A further policy letter will set out this detail. Early childhood education The early- years phase spans pre-school provision and the reception year in primary school. Good quality early- childhood education (ECE) also supports transition into the primary phase and is an integral part of a child’s education journey. The provision of free pre-school education in Guernsey is subject to a number of resolutions of the States13 but is not fixed in any law. The existing entitlement is up to 15 hours per week, 38 weeks a year, i.e. term time only, for families with a joint income of £150,000 per annum or less. In other jurisdictions the provision and entitlement have been written into legislation, including in England where Section 1 of the Education Act 2011 places a duty on local authorities to secure early- years provision free of charge. Regulations made under the Childcare Act 2006 in England, sets out the type and amount of free provision and the children who benefit from it. Data from 2018/19 demonstrates that since its introduction, the pre-school education funding in Guernsey has supported a 15% increase in children

12 Atkins, L. (2009), Invisible Students, Impossible Dreams: experiencing vocational education 14-19, Stoke-on Trent: Trentham Books. Keep, E. (2015) Thinking about where to go and what next to do in the reform of vocational qualifications, Journal of Education and Work, 28:2, 117-125, 13 Article 15, Billet d’Etat X of 2014, Article 9, Billet D’Etat XX of 2015, Billet d’Etat XII of 2017

accessing pre-school and a reduction in the gap of vulnerable children achieving typical levels of attainment for their age. The Committee recognises the benefits this provides to children, their families and the community and wants to further its commitment to promoting and encouraging participation in early- childhood education through establishing such a duty (on the Committee for Education, Sport & Culture) in the new Law. The existing provision includes funding to enable participation in early- childhood education by eligible children, as well as a quality- assurance framework and requirements to monitor key performance indicators. By incorporating ECE into the new Law the Committee is not seeking to change this provision but to ensure that it remains aligned to that which is available for learners of compulsory education age, now and in the future. The current resolutions set out the entitlement to funding but enable the Committee to set conditions on that entitlement (based on joint, rather than individual, income of those with parental responsibility) in line with budgetary restrictions. This variation would remain the decision of the Committee. Any changes beyond the existing resolutions would be subject to agreement by the States. Summary:  The new Law will capture current ECE provision and create a Committee duty to promote pre-school provision. Any variation to the conditions on entitlement will be set out by the Committee by Ordinance. Looked after children and corporate parenting In England there is a statutory duty for local authorities to promote the educational achievement of looked- after children (LAC), and those previously looked- after children and to appoint an officer to ensure oversight. This role is referred to as the Virtual School Head (VSH). The UK’s Department for Education (DfE) issues statutory guidance14 to establish the framework which local authorities must follow and includes the VSH- designated teacher and the use of personal education plans. This duty applies to children who are accessing early- years provision and continues through compulsory education age where the child is in provision funded either in part or full by the state. Although there is no legal requirement to do so, Education Inclusion Services currently designates a proportion of officer time with specific responsibilities around educational achievement for LAC. This includes monitoring of attainment, progress, and interventions as well as reporting against the priorities in the Children and Young People’s Plan (CYPP). The role does not currently extend to cover in depth all of the key areas of responsibility identified in England as there is insufficient capacity in the time currently allocated to the role. The Children (Guernsey and Alderney) Law, 200815 does allow for regulations to be made ‘…for, or concerning the duties of any department of the States to promote

14 DfE (2014), Promoting the education of looked-after and previously looked-after children 15 The Children (Guernsey and Alderney) Law, 2008

the educational achievement of a relevant individual’ but no such Regulation is currently in place. Statistical data supports the need to identify and support LAC as they remain vulnerable to underachievement. Whilst improvements have been made through targeted interventions and a focus on this group across education providers there are opportunities to do more to ensure this group of learners are not disadvantaged and are able to thrive and achieve in line with their peers. Policies to support inclusion of LAC are in place for admission to primary and secondary schools and for exclusions. These policies allow for this group of children to be placed in a school outside of their catchment area/partner school and prohibit the fixed- term exclusion of LAC. In addition to those learners who are officially defined as being looked after (or previously looked after) Guernsey also has a number of young people who are resident in Herm, Alderney or Sark but are living away from their family in order to attend education in Guernsey. This will often extend beyond compulsory education age and the challenges of this arrangement can impact educational outcomes and retention rates in further education. In its evaluation of VSH pilots, the then UK Department for Children, Schools and Families concluded that VSHs had successfully raised the priority of educating LAC and that it was a valuable role16. Similarly Ofsted published a report in 201217 acknowledging that effective support involving the virtual school not only made a difference to children’s educational progress, but also often enhanced the stability of their placements and had a positive impact upon their emotional well-being. The formal establishment of a designated officer with specific responsibilities demonstrates a commitment and accountability to a group of vulnerable students. This will require funding as duties are currently undertaken alongside other responsibilities and the number of vulnerable learners is increasing. As the Corporate Parent, the Committee for Health & Social Care (CfHSC) has established a Corporate Parenting Strategy which includes reconfiguration of residential services, inspection, standards and training, and a Corporate Parenting Board to focus on the needs and outcomes for children in care. The Children and Social Work Act 2017 sets out those corporate parenting principles which a local authority in England must have regard to in carrying out functions relating to children and young people who are looked after by a local authority and including formally looked- after children who extend up to the age of 25. In Scotland the duties of corporate parents are specified in the Children and Young People (Scotland) Act 2014. The respective principles and duties have some common themes such as promoting the interests of LAC, considering the

16 Department for Children, Schools and Families (2009), Looked After and Learning - Evaluation of the Virtual School Head Pilot 17 Ofsted (2012), The impact of virtual schools on the educational progress of looked after children

child’s wishes and feelings and providing opportunities for these children and young people to participate in services which will enable them to thrive and to be prepared for adulthood and independent living. Similarly these expectations are integral to the CYPP and are in part set out in the child welfare checklist within the Children (Guernsey and Alderney) Law, 2008. Given this and the fact that CfHSC is designated as the corporate parent, it is considered unnecessary to include these powers or duties in the new Law. Summary:  The new Law will enable an Ordinance which will provide for the establishment of independent offices for aspects of education provision, including the requirement for a specified role to be responsible for the educational outcomes of looked- after children, with reporting duties to the Committee and to the States. Additional funding will be required to establish and support this role.  The new law will not include a reference to Corporate parenting. Learners with Special Educational Needs and Disabilities (SEND) In alignment with the guiding principles of inclusion, modernisation and a learner-centred approach for the new Law, aspects of this report that apply to children/learners with SEND are incorporated rather than segregated in separate sections. The new Law will also use modernised terminology in relation to children/learners with SEND and their educational provision. Discussions have centred on four commonly used terms: ‘Special Educational Needs;’ ‘Learning Difficulty;’ ‘Special Education Provision;’ and ‘Special School.’ Alternative terms are proposed which are aligned to the concepts of inclusion and equality of opportunity as overarching themes for the new Law. The phrase ‘schools for learners with additional needs’ will be used instead of the current term ‘Special Educational Provision.’ The legislation will therefore not contain the term ‘Special Schools,’ given that ‘an appropriate educational setting based on the needs of the child’ could occur within a range of schools. ‘Barrier(s) to learning’ is used as a replacement to ‘Learning difficulty’. Additionally, based on the advantages of alignment with other British Isles’ education laws, it is recommended that the existing term ‘Special Educational Needs’ will be broadened to ‘Special Educational Needs and Disability’ or ‘SEND.’ Given there is a recommendation not to use the term ‘special schools’ in the new Law, it would follow that the new Law also should not include terms such as ‘ordinary schools’ or ‘special schools.’ The prospect of extending the age range of the education offer for children/learners with SEND has been considered to ensure the new Law can account for the future and accommodate potential shifts in educational provision for children/learners with SEND. There have been a variety of domestic developments alongside external measures including international Conventions that are expected to be extended to Guernsey, which point toward the

broadening of Guernsey’s educational provision for children/learners with SEND. Resolution 15 of Billet d’État II of 2018 notes that the CfESC is ‘committed to an inclusive system of education, ensuring that all children and young people have equality of opportunity to achieve their potential’ and goes on to highlight that proposals align with the Disability & Inclusion Strategy and comply with the UNCRPD. Within the Six Commitments of the CYPP are two that are particularly relevant when considering whether to extend the range of provision for children/learners with SEND: focus on early help and intervention; and tackle inequality and promote inclusion. UNCRC sets out the civil, political, economic, social and cultural rights of every child regardless of their race, religion or abilities. Its extension to Guernsey emanated from the CYPP. The extension process is now in the final stages with the UK government and it is expected to be extended to Guernsey imminently. At that point, UNCRC’s articles will be legally binding on the States of Guernsey and importantly will apply to all children from birth to 18. Article 23, Section 2 of UNCRC sets out that States Parties will recognize the disabled child’s right to special care and subject to available resources, shall encourage and ensure the extension of assistance where an application is made which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child. UNCRPD aims to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities.’ The States’ Disability & Inclusion Strategy18 sets out that UNCRPD be extended to Guernsey so it is prudent to consider it in relation to the new Law in order to account for the future. Article 24, Section 1 sets out that States Parties must recognize the right of persons with disabilities to education. Le Rondin School, Le Murier School and Les Voies School focus on the delivery of specialist education provision with additional support available at several States- maintained schools including the Communication, Interaction and Autism Service (CIAS) bases within one primary and two secondary schools. Engagement undertaken as part of the review of the legislation has identified gaps in current provision that might be remedied by extending age limits for learners. These changes have the potential to align educational provision for children/learners with SEND with the objectives set out in Resolution 15 of Billet d’État II of 2018, the CYPP, UNCRC and UNCRPD.

School Issue Proposal Le Rondin Pre-school provision is only available at Le Changing the general Rondin on an ‘assessment placement’ admission age at Le basis for children who need special

18 Billet d’État XXII of 2013

education but have not yet received a Rondin School to 2 years SEND determination so there is currently and 6 months. no overall, pre-school provision for children with SEND. Often, special needs in the under 4s prevents them from attending nursery provision. [It is noted that future requirements may change with the introduction of the Discrimination Ordinance]. Le Murier There is a gap in provision for young Raising the leaving age at people with complex needs post 19 once Le Murier for students they enter Adult Services. Young people with complex needs to 21 with complex needs leaving education at or 22. 19 are typically offered part-time care at a day centre through the Committee for Health & Social Care. This change not only cuts the young person’s access to education, it puts strain on parents and carers who in some cases leave employment to care for them, sometimes causing additional costs for the Committee for Employment & Social Security through extra benefit payments. Les Voies The majority of learners leave Les Voies Extend additional access with positive destinations, however within including part-time, a short period of time many of those flexible coaching and students have left work, education or mentoring support to apprenticeship, thus becoming NEET (Not learners at Les Voies in Education Employment or Training). It School up to the age of 18. is the aspiration that providing flexible support through Les Voies for learners up until age 18 would support their transition to work, post 16 education or apprenticeship. Table 1: SEND age range gaps in existing provision

The suggested changes to age limits for SEND educational provision outlined above are substantial. Implementing them would significantly impact the resource needed in terms of teaching and support staff, transport, equipment and supplies. Further discussion, firm costs based on pupil numbers and a risk/benefit analysis would be needed in order to assess the case for change, alongside the production of a business case. Given the time-frames of the Education Law review, it would not be feasible to carry out the necessary work required to assess these proposed changes. It is

also important to note that, while the above age range changes have been identified for examination at this point in time, it may be that further SEND provision changes will be recommended as part of the scheduled SEND Review or in future to account for service developments. It is therefore proposed that the new Law will be constructed in a way that is flexible enough to enable adaptations. In other jurisdictions, including the UK, Jersey and Canada, the primary law is permissive, enabling changes in provision, while specific details as to age ranges for SEND educational provision are encompassed within Codes of Practice. It is noteworthy that all these jurisdictions recommend early identification of children with SEND so that support can be made available before the start of the compulsory school age. All of these jurisdictions continue to provide support well after the end of the compulsory school age, although the duration is not consistent across the jurisdictions. While it is possible that a definition for the age range for SEND provision could be provided in the primary law it would be unwise to limit flexibility in this respect. It is also not aligned with the legal approach taken by comparable jurisdictions including the UK and Jersey. By ensuring that the legislation adopts a permissive approach to the age range for SEND provision the proposed changes could be fully costed and properly assessed. Summary:  The new Law will use the phrase ‘schools for learners with additional needs’ instead of ‘Special Educational Provision.’  The new Law will not contain the term ‘Special Schools,’ given that provision for learners with ‘additional needs’ could occur within a range of schools.  The new Law will use the phrase ‘Barrier(s) to learning’ as a replacement of ‘Learning difficulty’.  The new Law will boarder the term ‘Special Educational Needs’ and instead use ‘Special Educational Needs and Disability’ or ‘SEND.’  The new Law will not include terms that are currently used such as ‘ordinary schools’, or ‘special schools’.  The new Law will allow flexibility in respect of age range for educational provision for learners with SEND.  The Committee will consider proposed changes to the age range for SEND educational provision, once a business case including costs and a full assessment of risks and benefits has been produced. SEND Assessments The current legislation sets out the Committee’s responsibility to identify children/learners with SEND, whether they are registered in State schools, in

non-States schools or not attending school at all, as long as they are not under the age of two or over the compulsory education age. Article 23 of UNCRC specifically notes the need for an assessment or determination process for ‘disabled’ children and highlights that States Parties should recognize the right of the disabled child to special care and provide it subject to available resources. In relation to children and young people of compulsory education age who are enrolled in States schools and those who are aged between two and five years of age it is expected that the new legislation would continue to provide a duty for the Committee to:  Ensure there is a process by which suitably qualified persons identify and assess the needs of learners with special educational needs.  Determine the best provision based on that child’s needs in a spirit of collaboration with the parent or carer and taking into account the wishes of the child; and  Ensure that the process is implemented and that the determined educational provision for each learner is reviewed on an annual basis. The process for the identification, assessment and determination of educational provision will need to be codified in some way. However, it is not considered appropriate that the detail of this process is included within the primary legislation. There are some questions arising in relation to the extent of the Committee’s duties in respect of children/learners with SEND falling outside of the parameters set out in the legislation, for example those who are registered in non-States schools, or who are home educated and those who are below two years old or above the compulsory education age. The current Education Law includes an obligation to identify both privately- schooled and home- educated children/learners with SEND as long as those children have been ‘brought to the attention of’ the Committee. However, this obligation is limited in that the Committee has no responsibility for ensuring access to or funding of appropriate SEND educational support or services for these learners. The 1987 Amendment also mandates that the Committee conduct an assessment of children/learners with SEND if requested to do so, unless it is unreasonable or inappropriate. The existing support structure for children/learners with SEND is provided by more than one Committee. Some services are delivered by CfESC, such as educational psychologists, literacy support and CIAS Bases, while others are provided through the CfHSC, such as speech and language therapy, occupational therapy and physiotherapy. Children/learners with SEND who are home- educated or who attend private

schools have access to CfHSC support services but they do not currently have free access to the education support services provided by CfESC. However, it is possible for them to access the education support services if a parent or carer chooses to pay for them and there is capacity to deliver them. The Committee recognises the disadvantage this brings to these groups of learners and would welcome the opportunity to make changes. However, in the absence of a review of financial arrangements for those educated at home or at the private schools, the focus is those children and young people in the State sector. Data in respect of the numbers of current or projected children/learners with SEND in private schools and who are home educated is incomplete, because not all children and young people will have been through a formal determination process, so it is not possible to know exactly what the resource implications of extending the Committee’s scope of responsibility would be. It is proposed that the new Law should require independent schools to share their SEND registers with the Committee so that information on the numbers of SEND pupils is transparent and complete. It is proposed that the new legislation will establish a duty for the Committee to assess potential children/learners with SEND who are brought to the attention of the Committee. The scope of the Committee’s duty to provide a determination as to the most appropriate educational environment will be reviewed as part of the scheduled SEND Review. The Committee’s responsibility should also extend to providing signposting toward appropriate SEND educational support services. Private schools’ own assessment and educational support for SEND students is sufficient to meet learners’ needs, and this is highlighted by the fact that their inspections process incorporates these aspects. It is therefore recommended that the new Law places the duty of providing SEND educational support and services for independent school students on the governing bodies of the independent schools themselves. Summary  The new Law will include a statutory duty for the Committee to ensure that a process, set out in policy is designed to identify and assess children/learners with SEND, and determine the best educational provision for each individual, is available and implemented.  The policy will express the requirement to consider each child’s needs in a spirit of collaboration with the parents and carers and take into account the wishes of the child and will include the requirement for the determined education provision for each child to be reviewed on an annual basis.  The new Law will include a right to appeal for parents and carers who disagree with the outcome of an assessment process.

 The new Law will establish a duty for the governing bodies of independent schools to provide SEND educational support and services for students registered at that school.  The new Law will require independent schools to share their SEND registers with the Committee.  The new Law will clarify that the scope of the Committee’s responsibility in respect of children/learners with SEND who are outside of States maintained schools will extend to assessing potential children/learners with SEND who are brought to the attention of the Committee and providing signposting toward appropriate SEND educational support and services but will not include the provision of SEND educational support and services. 7 Curriculum, assessment and standards Curriculum The Bailiwick Curriculum has been developed in order to prepare the children and young people of the Bailiwick for the opportunities and challenges of living in the 21st century. The Committee is accountable for the development of the curriculum in collaboration with stakeholders, and schools are responsible for curriculum interpretation and delivery. All States schools are required to follow the Bailiwick Curriculum. Every child and young person should have the same opportunities and entitlement which are delivered through the Curriculum in order to develop all children and young people as: successful learners, confident individuals, responsible citizens and effective contributors. Children and young people also need to be ready for tests and examinations both at school and in later life. Other jurisdictions including England and Jersey have a statement of curriculum requirements setting out defined aspects of study included in primary legislation. While this has the advantage of providing clarity on the priority areas, it has the potential to be limiting as it narrows the focus of teaching and learning. The current Education Law provides that only Religious Education and collective worship are mandatory and this does not accurately reflect the breadth of skills and knowledge required for life in a contemporary society. In future, the legislation will not include any specific curriculum content. Religious Education is a feature of education laws in many jurisdictions either as a requirement to be a part of the curriculum or a separate section. The current Education Law contains an obligation that religious instruction will be given in every States and voluntary school and that the school day will begin with collective worship. Current practice in schools is that not all are beginning the day with an act of collective worship and while Christianity is a feature of Guernsey society, removing the requirement for collective worship from the legislation would not prohibit this where schools wanted to retain it as part of the school timetable.

School assemblies provide an opportunity to come together to share and celebrate across the school community in an inclusive way, but the current Education Law is inflexible and does not recognise the differing beliefs of children, young people and their families. The curriculum for the teaching of Religious Education (Religion, Philosophy and Ethics) was revised as part of the Big Picture Curriculum launched in September 2017. The new curriculum ensures that learners have access to a programme that promotes spiritual, moral and cultural understanding. An education setting should provide an opportunity for learners to understand the Christian heritage which underpins the culture and values of Guernsey society and understand its continued influence. Religious Education should also build knowledge around different religions to enable learners to understand beliefs in a local and global context. It is considered that teaching and learning on this basis would not require a right to withdraw from Religious Education as a subject. The current Education Law makes no requirement for SHARE; instead it is covered by the Big Picture Curriculum and Committee policy. While there are advantages in an express provision in the new Law - for example it would ensure all learners would have a common understanding - on balance it is considered not to be required in the primary legislation. Summary  The new Law will include a duty for the Committee to be accountable for the development of the Bailiwick Curriculum in collaboration with key stakeholders and specify that schools are responsible for curriculum interpretation and delivery.  The new Law will omit the requirement for collective worship in a school and clarify that it is not prohibited if schools wish to offer it, but would be subject to any policy guidance provided by the Committee.  The new Law will allow Parents/carers to retain the right to withdraw their child from collective worship.  The new Law will not allow a right to withdraw a child from Religious Education lessons.  The new Law will not expressly include sexual health and relationship education references. Assessment of learner attainment The Committee recognises the importance of appropriate assessment to inform teaching, learning and interventions and ensure learners fulfil their potential. The Guernsey Big Picture Curriculum outlines the approach that will be used to review achievement including, teacher assessment, inspection, observations, the student voice and data analysis. This is to ensure that irrespective of ability or any additional need, learners acquire the breadth of skills and knowledge to which they are entitled and which are necessary for life in the modern world,

whether for accreditation and examinations or for the world of work and future challenges. Whist the inclusion in the new Law of specific measures, such as Attainment 8, would be restrictive, the need to use some wider measures which allow for comparison against a more extensive cohort, is necessary if Guernsey is to benchmark its performance. Summary  The importance and requirements of evaluating, monitoring and comparing performance should be made by resolution but not specified in the Education Law. School Improvement Key to ensuring that all Guernsey’s children and young people can access the highest quality education available, is the promotion of high standards of education provision and a continuous drive to improve performance. Under the proposed governance arrangements, the Committee has a role in overseeing schools and their governing bodies, which extends to ensuring minimum standards are met. Where there are legitimate circumstances warranting concern with performance in a school or setting, it is important that the Committee has powers to intervene. Apart from setting out a duty for the Committee to ensure inspections are undertaken of every school, the current Education Law does not include any provisions in respect of school improvement. The approach in other jurisdictions varies; in England, primary legislation sets out prescriptive powers of intervention for local authorities and the Secretary of State where there are concerns about the standard of education provision in a school or setting. These powers include the appointment of additional governors or an interim governing board, to suspend delegated budgets and, in extreme circumstances, to direct closure of a school. However, in Jersey the legislation is silent on the improvement of standards. Given the different types of States-maintained education establishments in Guernsey and the proposed governance arrangements, the new Law will need to make provision for secondary legislation to establish the roles, accountability and the scrutiny and executive functions of the governing boards, and the Principals of each institution and the Committee. Importantly, such legislation would also extend to include accountability in respect of school improvement. Any provision in the new Law should be sufficiently broad to cover different situations when the Committee is able to legitimately intervene. An overly prescriptive approach, such as that which is included in the English legislation would be limiting and require updates to the Law to ensure currency. A more appropriate approach would be to provide a power in the primary legislation with detail as to the circumstances of its use to be included in secondary legislation.

Summary  The new Law will include a provision for action to be taken where the Committee is not satisfied with the progress being made by any States- maintained school. Inspection Section 35 of the current Education Law sets out the requirement for the inspection of all schools with the exception of Elizabeth College. It also clarifies who can inspect and the frequency of school inspections. Inspection provides independent assurance that standards are being met or exceeded and identifies areas for improvement. The Inspection frameworks for all Guernsey’s schools, including the independent schools and the Guernsey Institute, must examine the quality of education, and the experience of, and outcomes for, students. Inspection reports will be provided to the Committee and will be published. This will ensure transparency for all stakeholders including parents and carers, teachers, education leaders and the community. The existing legislation includes an exemption for the inspection of Religious Education in any States or voluntary school. It will be important to maintain flexibility with regard to the inspection of this element and of collective worship where undertaken, in schools with a religious character. Importantly, the new Law will retain the Committee power to require additional or interim inspections as necessary. This will ensure that authorised individuals including Education Officers are able to provide appropriate intervention to improve school standards. Summary  The new Law will require all States maintained and Independent schools, to be subject to inspection by a recognised inspectorate approved by the Committee. The new Law will provide for Regulations which will determine the frequency of any such inspections.  The new Law will retain the power with regard to interim or additional inspections by persons authorised by the Committee for educational settings that are not inspected by a recognised inspectorate.  The new Law will set out the penalties for obstruction to inspection.  The new Law will provide for the Committee to approve the inspection framework with regard to the inspection of collective worship and denominational education in voluntary schools.  The new Law will require inspection reports to be provided to the Committee and that there will be an obligation for these reports to be published.

8 Exclusions The power to exclude a learner is a tool used by schools and other education providers as part of their approach to managing and improving behaviour. The concepts of behaviour management and exclusions can provoke strong opinions and in recent years they have become polarising issues. The terminology relating to exclusion also has negative connotations associated with rejection and this can play a part in entrenching opposing views. All learners and staff should be able to learn and teach in a safe environment free from disruption. Managing poor behaviour in classrooms can be a challenge in many, if not all schools and it is considered to be right that headteachers have the power to exclude a learner to create a consequence for behaviour which consistently falls below expected standards, becomes disruptive or puts other learners and staff in school at risk. However, it is important to recognise that those children and young people who are most likely to be excluded are those with the most complex needs and who are the most vulnerable socially and economically. While exclusion may not be the sole cause of poor attainment, analysis undertaken as part of the Timpson Review suggests that only 18% of children who received multiple fixed period exclusions went on to achieve good passes in English and maths GCSEs19 in 2016/17. Fixed term exclusions of learners from vulnerable groups in Guernsey follow similar patterns to those in England. Local data demonstrates that boys are more likely to be excluded than girls, learners with a SEND are more likely to be excluded than those without additional needs and those learners whose family is in receipt of uniform allowance are also more likely to be excluded. Unlike England, there is no provision in the current Education Law to permanently exclude learners from schools. The existing policy provides for fixed term exclusions up to a period of 20 days or more, but it is recognised that a decision to exclude a learner for such a long period is a serious one and will either be the last step in a long series of strategies which have been unsuccessful, or will be following a very serious one- off incident. With the UK’s ratification of the UNCRC extension to Guernsey, the States are required to have regard to the principles in all policy development. Article 28 provides that States Parties recognise the right of the child to education20 and by confirming that access to education in Guernsey will be defined by right of universal entitlement in the new Law, the States are meeting this requirement. Article 3 of the UNCRC states that in all actions concerning children … the best interests of the child shall be a primary consideration.21 In practice this means that any policy decision about exclusions should reflect a balance of the best interests of children in the classroom whose learning may be subject to disruption alongside the best interests of the child who may sometimes struggle

19 Timpson Review of School Exclusion, 2019 20 The United Nations Convention on the Rights of the Child 21 Ibid

with the structured approach of a classroom. Given the context of education provision in Guernsey and the proposal to define education by right of universal entitlement, the power to permanently exclude a learner from that right is considered unnecessary and in opposition to the UNCRC principles. It is recognised that there will be circumstances where it is right that a learner moves to a different educational provision either because their needs will be better met in another location, or within an alternative arrangement, or because all other possible strategies have been exhausted by a school. It is therefore important that where there are issues and challenges, schools retain the right to work collaboratively with partners to identify a provision which best meets a young person’s needs and that any move takes place in a managed way. Crucially the move of a learner to a specialist provision will need to follow the established formal assessment processes. Without the negative association of the terminology of exclusion, the transition of a learner in a managed manner could be viewed in a positive way, providing the learner with the chance of a fresh start. The new Law brings with it an opportunity to review the language used to describe the process of ensuring that where there have been issues and challenges, learners are matched with a provision which is most appropriate to meet their needs. There are many different approaches to managing behaviour in school and research indicates that the most important factors for effective strategies are; a strong school culture promoting positive behaviour, and responsibility and accountability alongside consistent application of policies. Early intervention to support students with the greatest needs is considered vital to enable them to remain in a structured school environment by applying strategies prior to reaching a point of a fixed- term exclusion. However, there will be circumstances which require a learner to be excluded for a time- limited period in order for the school to put an alternative plan in place. To ensure that alternative plans represent the best interests and provision for the learner, appropriate processes should to be followed and in this respect the process for fixed term exclusions needs to be applied consistently across all States schools. Summary  The new Law will not allow the permanent exclusion of a learner from the universal entitlement to education.  There may be circumstances where learners will move to a different setting which is more appropriately suited to their needs. Any move will be managed in a sensitive way involving appropriate stakeholders. A move to specialist provision from mainstream provision will need to follow formal assessment processes.  The new Law will reflect a review and update of language associated with exclusions to use terminology reflecting the language used in the articles of UNCRC.

 Policies should be consistently applied to ensure that schools are informed by accurate data about the extent of exclusions so that behaviour strategies can be developed and targeted appropriately. 9 Attendance The link between poor school attendance, poor academic achievement and limited life outcomes is well established in national research22. School attendance rates in Guernsey are comparable to other jurisdictions and there is an expectation that all learners will achieve an attendance level of at least 95%, which is also in line with other jurisdictions. A 95% attendance rate is the equivalent of missing nine and a half days across the school year. It is also expected that the remaining 5% non-attendance would be authorised absence. There are many reasons which underpin non-attendance at school including; issues with school settings, special educational needs, bullying, inter- generational behaviour patterns and term- time holidays. In Guernsey, low unemployment rates add an additional complexity with an historic assumption that jobs are available irrespective of qualifications and educational achievements. It is important to recognise that different approaches to improving attendance will be required depending on individual circumstances and a key requirement is a clear escalation process for circumstances where there are ongoing issues. Failing to attend school is a condition for compulsory intervention under the Children (Guernsey and Alderney) Law 2008 and can lead to a referral to the Children’s Convenor. Additionally, a parent or carer of a child who is a registered pupil at a school and fails to regularly attend is guilty of an offence under Section 20 of the current Education Law and this may result in a criminal prosecution leading to a fine or imprisonment. The introduction of the new Law presents the opportunity for a firmer approach, particularly when children and young people are absent due to persistent term time holidays and the Committee advocates the use of powers in circumstances which are deemed to be detrimental to the learner. In some cases where there are issues of non-attendance at school, this is likely to be indicative of other problems for the young person at home. A coordinated approach between the relevant professionals helps ensure that the most appropriate intervention can be identified at the earliest possible opportunity. A system of escalation is important so that families can be appropriately supported and this is provided through the Convenor process. There are some cases of non- attendance where all other strategies will have been exhausted and in those instances it is considered appropriate that there should be a more punitive measure to act as a deterrent. For this reason it is proposed that the power to pursue a criminal prosecution for failure to comply with a school attendance order and to enforce the attendance of a child at school is retained in the new

22 DfE (2015), The link between absence and attainment at KS2 and KS4

legislation. Clear registration systems are the most effective model for managing attendance and schools are best placed to manage these processes. Section 36 of the current Education Law contains a power for the CfESC to make regulations in respect of registers to be held by schools and establishes a duty for schools to maintain them and surrender them for inspection if required by any regulations made under this section. This provides the statutory framework for recording the presence or absence of learners and it is proposed that a similar power and duty are included in the new Law. This will enable accurate recording and reporting in regards to school attendance and will provide schools with the tools to manage attendance at school. Schools are best placed to manage attendance and it is appropriate that the governing body should monitor approaches as part of its leadership role. It is also routine, in respect of further education, that the Principal of an establishment would be accountable to the governing body for attendance. Given the proposed devolvement of accountability to schools and governing bodies, it is therefore considered appropriate that a duty to improve attendance sits at this level. Summary  The new Law will retain the power to pursue a criminal prosecution for failure to comply with a school attendance order and to enforce school attendance.  The new Law will set out a duty for governing bodies to improve attendance.  The new Law will include a power for the Committee to make regulations in respect of holding and maintaining registers in schools. 10 Financial arrangements Fees and charges Section 48 of the current Education Law sets out that no fees will be charged in respect of admission to, or for the education provided in, any school maintained by the States. It does not specify further when fees or charges can be made. Existing States of Guernsey finance directives set out that fees and charges should not be seen as a replacement for direct and indirect taxation. However, charges may be levied following approval, by a Committee or the States, as an alternative funding method in order to recover costs for the provision of specific goods and services to identifiable consumers. The future model of education in Guernsey includes the devolution of governance for schools and post-16 education providers. The new Law will need to allow for these changes and enable clear guidance on the use of fees and charges in States education provision. This should include provision for any secondary legislation to permit charges relating to activities which take place

beyond the ‘school day’ and other services, for example if transport provided is outside of policy. Additionally, agreement is currently in place with Sark’s Chief Pleas to fund secondary education places for learners to attend Les Beaucamps on the understanding that this cost will not be passed directly on to the parents/carers of the learners. The current Education Law does allow for charges with regard to admission to, and the education provided at, the Grammar School. However as Guernsey no longer has a selective education system this provision is not required in the new Law. The inclusion of such a provision in future law would be opposed to the Policy decision of the States (Billet d'État VII of 2016). Summary  The new Law will continue to set out that no fees are to be charged for the admission to States schools, or for the education provided to pupils registered at States schools.  The new Law will make provision for secondary legislation to specify circumstances when charges may be made. This could include learners from Sark. Specific and detailed guidance would be required for education providers on the use of charges and fees which are in line with the new Law and States of Guernsey policy.  The new Law will not include a requirement for fees to be charged for admission to, and education at, the Grammar School(s) in Guernsey. Provision of funding The current Education Law establishes a power for the Committee to provide financial assistance in respect of children attending schools and students attending further education institutions. This allows for discretion around waiving charges and fees to groups or individual learners and also provides a legal basis for the payment of school fees. This could include off–island placements, the cost of which is currently shared with the CfHSC, and for special placeholders attending the grant aided Colleges. Although the States resolved that there were to be no new special placeholders (Billet d’Etat XVIII of 2017), the existing special placeholders will not finish secondary education until the end of the academic year 2024/25 so provision will need to be in place until then. Further detail is also provided for in the existing legislation in respect of the circumstances when the Committee can make loans and grants for study. The detailed policy around the provision of financial support to students is contained within the Guides to Funding23 which covers courses at the College of Further Education, Higher Education awards, disabled student allowances, independent student bursaries and on-island funding. These are reviewed annually and agreed by the Committee.

23 https://gov.gg/studentfinance

The existing provisions allow for flexibility and it will be important that this is maintained in order to account for the evolution of services and educational offering in Guernsey. This flexibility also enables the Committee to target funding to support knowledge and skills development in priority areas. Summary  The new Law will include the existing power to provide financial assistance. The circumstances and governance processes for making loans, grants and allowances will be set out in secondary legislation. 11 Transport The current legislation sets out requirements in respect of States provision of transport to take learners to and from school, and the distance that a learner is expected to walk to school. In Guernsey, as in the other Crown Dependencies, the provision of school transport is not mandatory, and the Committee can decide to what extent it is provided through operational policy. The statutory walking distance is one mile for children under eight years of age and two and a half miles for all other children. These distances are shorter than definitions in the UK and other jurisdictions where it is two and three miles for the respective ages. The other two Crown Dependencies do not have a statutory definition in their legislation. Where a child lives within the statutory walking distance of their school, the Committee may make arrangements for the provision of transport for that child but it has the option to charge for it. Where a child lives outside the walking distance, any transport that the Committee provides must be provided free of charge. The current provision provides clarity that transport is an operational matter and has the advantage of being flexible to account for changing circumstances and the ability to meet requirements that might arise in the future. As part of the review of the current arrangements, consideration has been given to making the provision of transport for those children living outside of the statutory walking distance mandatory. Implementing this approach would bring a number of operational challenges, including a requirement to keep the definitions updated in the primary legislation which is unnecessarily onerous and limits the flexibility of the legislation. It is therefore considered appropriate that the new Law should include a continuation of the existing provisions and a power to operate a transport policy. The Committee intends to broaden the reach of free school transport and proposals will be included in the new secondary education model. School buses will be an integral part of traffic management at school sites and all children and young people who live beyond one mile from their respective site will be provided with transport. It is therefore proposed that the statutory definitions of walking distance are not included in the new legislation.

The States currently provides transport to and from school to 288 children/learners with SEND in Guernsey. Children and young people using this service range from those under five who attend Le Rondin nursery to post-16 learners at the College of Further Education. The educational settings served are Le Rondin, Le Murier, Les Voies, the high schools, the College of Further Education and The Croft Centre. Children under 11 must have qualified adult supervision during transport. Vehicles used are both in-house and from outsourced provision. The permissive provision of transport, highlighted previously, extends to those learners with SEND. In considering how the new Law might address the provision of transport for children/learners with SEND, it is important to understand any requirements imposed by the UNCRC and UNCRPD. While neither Convention specifically references the issue of transport provision, there are key sections which are relevant. The UNCRC specifies that States parties recognise the right of the disabled child to appropriate special care and encourages its extension to both the child and the parent or carer subject to available resources. Such special care should be provided free of charge and be designed to ensure that the disabled child has effective access to, and receives, a number of services in order for them to achieve the fullest possible social integration and individual development, including education. The UNCRPD aims to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities’ and the Conventions General Principles emphasise ‘full and effective participation and inclusion in society’ and ‘accessibility.’ Article 24 sets out that States parties should recognise the right of persons with disabilities to education with reasonable accommodation of individual requirements. An important feature of the new Law is that it should have an overarching, inclusive structure which is reflected within the general principles. A helpful addition to this would be needs-based language underpinning the Conventions’ guidance which specifies that children/learners with SEND are entitled to special care and consideration, and that accessibility that facilitates education is important. Summary  The new Law will include a power for the Committee to operate a transport policy as they see fit to facilitate all learners’ attendance at school, including those with SEND.  The new Law will not include statutory walking distances.  The new Law will include needs-based language as appropriate to adhere to the Conventions guidance that children/learners with SEND are entitled to special care and consideration and that accessibility that

facilitates education is important.

12 Home education Educating children at home is a legitimate choice in many jurisdictions including most European countries and North America, though there are some notable exceptions such as Germany where home education is not permitted except in very limited circumstances. Families choose to home educate for a number of reasons; for some it is a philosophical choice and way of life, while for others it is only pursued as a last resort for their children who they feel have needs which cannot be met through a structured school environment. There may be others who elect to educate children at home in order to evade the reach of authorities or to avoid a secular education. While it is important to recognise that many families who elect to home educate do so successfully, home education has come under an increasing spotlight in other jurisdictions in recent years in the main due to safeguarding concerns in respect of children missing education. Home education is not explicitly provided for in the current Education Law and it is instead covered as education ‘otherwise’ than by regular attendance at school. This is similar to many jurisdictions where home education sits as an exemption to compulsory attendance provisions. Since the enactment of the current Education Law there has been an increase in the awareness of home education and a corresponding growth in the number of families electing to home educate. Consequently, existing provisions are not fit for purpose as there are a number of key issues which are currently addressed only by policy and on the basis of the strength of relationships between Education Officers and the home- educating community, with no underpinning legal basis. The new legislation presents an opportunity to clarify what home education is. It also provides a mechanism to reference a particular group of learners in order that expectations in respect of entitlement and responsibilities can be defined. It is therefore intended that there will be an unambiguous definition of home education included in the primary legislation, emphasising parental choice and indicating this method of education requires some formal planning. It is important to recognise that the service provided by Education Officers to home- educating families in Guernsey is highly regarded and goes beyond the practice in other countries both in terms of the support which is offered and in understanding and respecting the circumstances of all those families choosing to home educate. Numbers of home- educated young people in Guernsey are relatively low compared to other jurisdictions. However, alongside the overall trend of an increase in the number of this group of learners since the enactment of the current Education Law, there has also been a recent spike in the number of families electing to home educate. In the last twelve months, numbers of children educated at home have risen from 34 to 60. Many of these requests have been received following the Distance Learning phase as part of lockdown.

There is no proactive duty to identify children missing education in the current Education Law; instead there is an obligation for the Committee to act when it ‘appears that the parent/carer of any child is failing to perform the duty imposed’ to secure a suitable, full-time education for their child. In other jurisdictions, for example England, a local authority must make arrangements to establish the identity of children in their area who are of compulsory school age but who are not registered pupils at a school, and are not otherwise receiving a suitable education. The new Law provides the opportunity to introduce a formal duty for the States to identify children missing education and it is proposed that the introduction of a home education roll would go some way to discharging this duty, in that all learners of compulsory education age would be registered either on a school roll or on the home education roll. It is proposed that the home education roll would also be used as a tool to provide access to other States’ services, for example dental screening and access to the Sexual Health and Relationship Education (SHARE) team which contribute to the overall safeguarding of learners. It could also be used to promote helpful resources and important events to home educators, for example college open evenings and relevant application deadlines. An additional advantage of the introduction of a home education roll is that it would provide the opportunity for understanding when independent schools are removing learners from the school roll without notifying States’ Education of a family’s intention to home educate. While this has not been a significant issue previously, it would reduce the risk of a child missing education and falling through a gap in provision. Current practice where an enquiry in respect of home education is received, is that officers will visit the parent or carer and child(ren). The meeting is an opportunity to understand the reasons for wanting to home educate, to ensure parents/carers appreciate the implications of home education and to describe the sort of evidence which will be required to satisfy the Committee’s duty to ensure all children are in receipt of a suitable education. It is the expectation that parents/carers will provide evidence of a serious intent to educate the child(ren), which will be supported by evidence of an approach to education that is consistent with educational aims and with their understanding of how their child(ren) learns effectively. Evidence might include examples of work, statements which clearly define aims and objectives, proposed teaching methods etc. The criteria applied to determine whether there is ‘serious intent’ is that the evidence should convince a reasonable person that the child(ren) will receive an efficient, full- time education suitable to their age, ability, aptitude and any special needs they might have. Under existing arrangements, Education officers conduct monitoring and support visits for home- educating families which provide the opportunity to gain adequate evidence that parents/carers are attempting to provide a suitable education and to take appropriate steps where education proposals and practice indicate concern. This provides the Committee with information necessary to

discharge its duty under Section 18 of the current Education Law and to serve a notice and/or school attendance order when necessary. Under the proposed new duty to identify children missing education, the Committee’s responsibilities will be more proactive than the current arrangements. Consequently, the monitoring and support visits will be a more critical source of information. It is therefore proposed that students on the Home Education roll will be entitled to receive regular monitoring and support visits which would take place every six months unless circumstances indicate that visits should be more or less frequent. It is also proposed that there would be an annual renewal process as part of the visit schedule. This would enable a formal approval process indicating that home education proposals are such that the Committee is able to discharge its duty to ensure a child is not missing education. It is anticipated that this approval process would be overseen by Education Officers who would be seeking evidence of the serious intent to educate the child set out in paragraph 7.68 above. It is important to stress that the approval process is to ensure that children are receiving an education and not to impose a particular method of instruction. It is anticipated that, in line with current practice, where a request to home educate has been received for a student who is a registered pupil at a school, the student would not be removed from the school roll until the home education proposals have been confirmed by the Committee and the learner has been added to the Home Education roll. Importantly, it must be recognised that in confirming the request to home educate, the States would not be accepting formal liability for the education provided. Where a student is registered at a specialist provision, the current Education Law prohibits the withdrawal of the child without the prior consent of the Committee. This is considered an important safeguard and is consistent with other jurisdictions where local authority consent is required before withdrawing a student from a specialist education setting. However, the review of the legislation has provided an opportunity to consider whether the existing safeguards are appropriate both in terms of decision- making and the circumstances where formal consent is required by law. In light of developments in service delivery since the current Education Law was enacted and in order to ensure those with highest level of need are safeguarded, it is proposed that explicit consent from a panel of professionals will be required where a request is received for any child who is in receipt of a service from an agency to be added to the home education roll. Where a parent or carer wishes to appeal a decision, there will be the ability to follow the wider appeals process set out in section 15.9. Some families have very clear and planned proposals while others develop ‘live’ plans. Education Officers provide support and discuss education proposals with parents and carers. In a minority of cases where proposals are not considered to provide the requisite evidence, officers will write to explain this and provide a reasonable period of time for the plans to be revised. If the parents/carers remain unable to provide evidence that the child(ren) will receive a suitable

education or refuse to engage in the process then the home education proposals will not be approved. There are a range of options available depending on the circumstances, which include referral to the Multi Agency Support Hub (MASH) or the Children’s Convenor or the service of a school attendance order. Remedies available in other jurisdictions are broadly similar: in England and Scotland local authorities can initiate school attendance proceedings where they believe a child is not receiving a suitable education. The Isle of Man Government can also issue a school attendance order. The existing model works well, with Education Officers supporting parents and carers in the small number of cases when there are issues with home education proposals. Over the last three years there have been no instances of cases being referred to the Children’s Convenor, MASH or the issue of a school attendance order due to concerns with home education proposals. Instead, where issues cannot be resolved, officers, with the support of parents and carers, ensure students are transitioned back into school. It is proposed that the power to issue school attendance orders will be retained in the new Law. Consequently it is not intended that any further provision in respect of remedies is made in the primary legislation; however, it is recommended that the existing processes are formalised. Home- educated children currently access formal qualifications at their own cost as an external candidate sitting examinations at the Grammar School and Sixth Form Centre, the College of Further Education or at one of the private colleges. This can cost between £50 and £400 per subject depending on the examination centre selected. The most frequent request made of the States from the home- educating community is that there is some financial support made available for learners to facilitate access to public examinations. This is particularly acute for those learners who have additional needs which the school system has been unable to meet and whose parents/carers are not home educating strictly though philosophical choice. There is concern that some learners in this situation are reaching the upper limit of compulsory education age without sitting examinations which could lead to formal qualifications simply due to the financial circumstances of their parents/carers. Such inequality of opportunity for children is unacceptable. If the States are committing to a universal entitlement to education for all children and young people of compulsory education age, arguably there is an imperative to provide access to public examinations to home- educated learners in order to avoid discriminating against this group of children and young people, particularly as this group might include some of Guernsey’s more vulnerable learners. GCSEs in England have recently gone through a period of reform; there has been a move to a new, ‘more challenging’ format which has been embedded across the breadth of the curriculum. The syllabus for all GCSEs has been revised and while there is now much less focus on coursework, students are still required to undertake practical elements in some subjects such as science, art and Physical

Education (PE) etc. Some subjects are tiered and students will be entered to a foundation paper (grades 1-5) or higher paper (grades 4-9) dependent on levels of attainment, based on teacher assessment. Current practice in schools is that some students may follow alternative pathways, including BTECs, some of which also involve project-based assessments, and level 1 qualifications. The costs of exam entry, both GCSE and BTEC, is approximately £50 per subject per student, however there are some subjects which involve multiple papers and therefore a higher cost. There are some challenges associated with offering formal qualifications to home- educated learners and, crucially, any offer provided by the States would need to be aligned with the offer provided to students at States’ maintained schools. Exam readiness and capacity to take formal examinations in a school setting are important factors given the additional costs involved. There is an argument that the States will want to understand whether a learner has sufficiently covered the syllabus and has the optimum chance of success in order to ensure value for money with regard to examination entry fees. However, the cost of administering mock examinations and buying in teacher time to mark papers, coupled with the potential of appeals for those students not reaching any required standards, is likely to outweigh the relatively minimal costs of exam entry. It is therefore proposed that subject specifications and syllabus are instead signposted as part of the formal monitoring and support visits provided by Education Officers, and that home- educated students are not precluded from sitting examinations at the same time as their peers in subjects where there is evidence they have studied towards the examination. It is anticipated that the operational detail in respect of exam access will be reviewed as the practice becomes embedded and adaptations will be made. Future arrangements may extend to home- educated children accessing mock examinations but this will not be a requirement at this time. Some home- educated students may have needs which mean they require additional support when taking exams, for example extra time or resources. The evidence required by examining bodies to access additional support is stringent and requires assessment from the school which is currently informed by online diagnostic tests. Administration of this process currently rests with each school’s Special Education Needs Coordinator (SENCO) and managing special needs requirements for students in school taking exams is a significant part of the role. While there would be no cost to extend access to the online assessment to home- educated students, there would be extra resource required to assess whether any additional support is required for the student to take the exams and this would need to be funded. The total costs of this additional resource are likely to be significant: approximately 1 day of SENCO time plus any resource taken up with appeals should parents/carers be dissatisfied with any outcome from the diagnostic assessments in respect of additional support. It is therefore proposed that any needs which are met by special arrangements that would be additional to, or different from, what might be offered to any other student will need to be

funded by parents/carers. While the revised GCSEs are more focussed on the final examination and there is less emphasis on coursework, as previously highlighted there are some subjects which require a practical element. This has the potential to limit which subjects home- educated children are able to access for examination purposes. For example, a combined science GCSE can require that a student completes 21 practical activities and the school is required to submit a statement that all students sitting the exam have met that criteria. In some circumstances it will be possible for parents and carers to make alternative arrangements for the supervision of the practical element, for example the compilation of a portfolio for art which could then be submitted as part of the examination assessment. However, there will be some subjects to which the Committee will be unable to facilitate access under the existing requirements of examining bodies. Guernsey’s secondary schools will need to operate as external examination centres as the Grammar School currently does, and work collaboratively with The Guernsey Institute to ensure that the most appropriate location is secured for students to sit exams. For example, some students will take BTEC qualifications which do not require practical elements and these will need to be accommodated at The Guernsey Institute rather than on one of the secondary school sites. It will also be key to ensure that home- educated learners: are prepared for the exam process; are familiar with the space; and understand what will happen on the day of the exam. There has also been feedback from the engagement with home educators indicating that there are concerns in respect of students sitting exams in the school from which they transitioned to home education, as this might impact on anxiety levels. Parents/carers will need to work closely with Education Officers and the school involved to make sure learners have the best chance of exam success. The opportunity for early entry to GCSEs is being phased out within States schools, so home- educated students would be able to take exams only in the academic year in which they reach 16: the equivalent of school year 11. In the absence of early entry, students are also not entitled to any examination resits at school and this would also apply to home- educated learners. Importantly, home- educated students should be registered as external candidates so that their examination results remain separate from those pupils on the school roll. It should also be noted that parents/carers would still be entitled to enter their home- educated children into exams as external candidates for other subjects, with other examining boards, and at points other than year 11 provided that they do so at their own cost. Home- educating families often highlight a perceived inequality of opportunity in accessing other States and non-States services for their children and this is reflected in the feedback from the engagement undertaken with the home- educating community in Guernsey. There is an argument against the States funding services for those students who have ‘opted out’ of States provision;

however, there are compelling reasons why some services, for example those related to medical screening, should be extended to home- educated students. Access to services provided by the CfHSC, for example speech and language therapy, occupational therapy and physiotherapy, are available for all families regardless of their choices in respect of their child’s education, as children and young people with additional needs access these services through an appropriate referral. However, access to education support services including the Communication, Interaction and Autism Service, Educational Psychology Service and Literacy Intervention Support, is only routinely available to those families with children and young people in States- maintained schools. Home- educating families can request access and where a child has a marked level of educational need access to services can be arranged where deemed essential to meet those needs. The rationale underpinning the restriction of free access to education support services for home- educated students is that those services are provided to schools and not learners, in order to support students’ access to learning in a structured school environment. It is acknowledged that home- educated children have access to a higher level of individual support than their school- educated peers, a factor which ameliorates difficulties with access to education. There is no consistent approach across other jurisdictions in respect of the provision of support services to home- educated students. In England, it is at the discretion of the local authority whether the child requires funded support, unless children have statements of SEND which set out that home education is the appropriate provision, in which case there is a statutory duty for the local authority to arrange the special educational support set out on the statement. However, in Jersey, funding is not available for services, though advice is provided to the home- educating community by the Education Department. Section 17 of the current Education Law establishes the parental duty of securing efficient, full-time education which is suitable to a child’s age, ability, aptitude and any special needs they may have. By electing to home educate a child, a parent or carer is taking on the duty of providing that education and accepting that it can be delivered to account for any special needs. However, where there is a significant level of learning difficulty demonstrated by a home- educated learner, Education Officers will work with the Principal Educational Psychologist to determine appropriate action. In practice, SEND support would not be denied if there was a clear need and the existing SEN Code of Practice reflects this. It is proposed that the Committee’s scope of responsibility in respect of children/learners with SEND who are outside of States schools will extend to assessing potential children/learners with SEND who are brought to the attention of the Committee and providing signposting toward appropriate SEND educational support and services. It is therefore not recommended that any further provision is made in primary legislation for children/learners with SEND who are home- educated at this time; however, the findings of the SEND Review might recommend changes to practice.

There are a variety of additional services offered by different providers which can be accessed by home- educated students, for example the Youth Commission. There is potential to develop and extend services with a view to working towards access to some practical elements of Level 2 qualifications, and this is particularly pertinent for those students who are home educated for reasons other than philosophical choice, and to uphold the principles of equality and excellence for all. However, there is a clear financial tension when providing services for those families who have opted out of States- provided education. It is therefore proposed that the Committee does not formally extend access to services to home- educated learners as part of the current review of legislation. However, it is proposed that where there are natural renegotiations and developments in commissioned service delivery, opportunities to provide services to home educated students within available resources should be considered. As part of the Service Level Agreement between the Education Office and the Youth Commission, one weekly youth club provision is run for home- educated children. As with all the youth club sessions the Commission delivers, it has a curriculum and young people can pursue a GCSE-equivalent qualification through the provision. Typically, around a third to a half of the current home- educated cohort attend the youth club, though numbers can be much lower. Other services provided by the Youth Commission for home- educated learners are the Duke of Edinburgh Award, which is run according to demand and reliant on sufficient numbers participating. The Prince’s Trust Achieve Award is also available and equivalent to two GCSEs but this is dependent on external funding and a level of support and engagement from home educators. Families who home educate are also able to make use of the general Youth Commission membership services and events which are promoted via social media and a mailing list. The Youth Commission is keen to ensure that its services are popular and have indicated an appetite to work in partnership to widen its curriculum reach to ensure it is as relevant and appropriate as possible. For example, there is potential to cover some of the PSHE (Personal, Social, Health and Economic education) sessions which are delivered in schools. It could also be a forum used to deliver practical elements of GCSEs, for instance supervised art sessions. The Sports Commission does not currently provide any exclusive services for home- educated students; however, there is the potential to access sports festivals and the holiday clubs which are delivered as part of the Commission’s overall offer. The Sports Commission’s vision is that ‘everyone in Guernsey should have the opportunity and support to participate and compete’ and one of the organisation’s core work streams to help deliver the vision is ‘inclusion’. Working with the home- educated community clearly aligns with the organisation’s strategic direction and there is scope when the current funding is renegotiated to make allowance for specific provision for home- educated students. The cost of delivering a weekly session for a group of students would

be approximately £2,500 per year. As part of the work developing the Sports Strategy, there has been a review of the facilities at Beau Sejour Leisure Centre and a commitment to extend free access to primary schools. There is potential to consider an offer that would enable groups of home- educated students access on the same terms, though home educators would need to adopt a coordinated approach among their community in order to organise this. Home- educated students are welcome to join the Music Service choirs and orchestras which are delivered after school and on Saturday during term time. However, as practice lessons for those pupils learning an instrument are delivered on school premises during the school day, home- educated students are not able to take advantage of these; consequently only those students who learn an instrument through private lessons are able to join the orchestras. If plans to include music as part of the enrichment offer within the transformation of secondary education are progressed, it might be possible to consider whether there is opportunity for home- educated students to access any increased offer. However, it is not proposed that any other changes are made to services as part of the Education Law review. Summary  The new Law will include an explicit definition of home education, which emphasises parental choice and indicates this method of education requires some formal planning.  The new Law will introduce a duty for the Committee to identify learners missing education.  The new Law will create a duty for the Committee to establish and operate a Home Education roll.  The new Law will create a requirement that all learners of compulsory education age are either on a school roll or on the Home Education roll.  The new Law will include a duty for the Committee to ensure that proposals in place in respect of each home-educated learner are sufficient to prevent that child or young person from being identified as a child missing education.  The new Law will set out a requirement for formal permission of the Education Office to add any child to the Home Education roll who is in receipt of an intervention from a professional agency. A right of appeal against any decision will be available to parents and carers under the wider appeals process agreed as part of the Education Law review.  The new Law will provide for secondary legislation which will set out arrangements for the frequency and extent of monitoring and support visits.  The new Law will enable secondary legislation which will establish the

availability of qualifications to home learners including that there will not be specified maximum number of qualifications accessible. 13 Education other than at school and alternative provision Education other than at school (EOTAS) is provided for in the current Education Law under Section 45, which sets out that where the Committee is satisfied that a young person is unable to attend school, it may make special arrangements; and that where it is impractical for the young person to receive full time education, similar education can be delivered on a part time basis. Current practice in Guernsey is such that EOTAS covers those students who are medically unfit to attend school and have been signed off by a paediatrician or psychiatrist. These include those who have been admitted to hospital, though the vast majority of students who participate in the EOTAS entitlement suffer from mental health and anxiety issues. The student remains on roll and the provision is part of a managed transition back into school with a review undertaken involving relevant stakeholders every six weeks. Entitlement is three hours of one- to- one tuition per week per student with a focus on English and maths. Those in years 10 and 11 also receive some online support via a virtual classroom called TUTE to prepare them for formal examinations. Guernsey has one full time EOTAS Teacher who is able to accommodate a case- load of seven students. Demand varies over the course of the year, with more students being referred in the spring and summer terms. The definition of EOTAS in other jurisdictions is wider and extends to include students in pupil referral units (PRUs) and other forms of alternative provision (AP). This makes it difficult to draw direct comparisons in respect of provision; however, the statutory guidance issued by the UK’s DfE24 sets out that where a child cannot attend school because of health problems, local authorities are responsible for arranging suitable full-time education. The guidance also makes allowance for circumstances where a young person is not able to access education on a full- time basis, in which case a reduced timetable can be offered. Most local authorities provide between five and seven hours of one-to-one tuition per week. Non-statutory guidance in Scotland specifies that the aim of any education provided for young people who are not well enough to attend school should aim to support the broad, flexible curriculum and entitlement defined in the Curriculum for Excellence framework, within the constraints of the setting and the individual’s health25. The statutory duty for local authorities in England to make arrangements for providing education for children either at school or otherwise, extends beyond those who are ill to include those who have been excluded from school, and is contained in Section 19 of the Education Act, 1996. This duty also extends to local authorities in Wales. In Scotland, local authorities are responsible for ensuring every child is able to access adequate and efficient education. In Jersey,

24 DfE (2013), Ensuring a good education for children who cannot attend school because of health needs 25 Scottish Government (2015), Education of children unable to attend school due to ill health: guidance

the legislation does not explicitly reference education other than at school, but places a duty on the Education Minister to ensure that there is appropriate education available to every child of compulsory school age. The current Education Law places a duty on the Committee to provide education for all students of compulsory school age. AP is a mechanism of providing education differently for young people who are no longer engaging with school and are not accessing the curriculum. Current practice is that young people at risk of leaving school without formal qualifications are identified in year 10 and nominated as a potential candidate for AP. All secondary school headteachers meet each year to agree which students will be accepted onto the programme in the following year. The maximum number of students who can be offered AP on an annual basis is 10. Many of them will be known to other agencies and most are likely to have lower educational attainment than their peers. The type of provision offered will depend on the engagement levels of the young person but, as a minimum, they would receive a virtual seat in the online TUTE classroom in English and maths. Other provision may include personal finance skills, qualifications taken through school, a qualification via the Sailing Trust, Prince’s Trust and Duke of Edinburgh awards and work experience. As with EOTAS, students remain on roll but do not return to school on a full-time basis, though the school does retain responsibility for safeguarding, acting as the link between providers and the learner, and arrangements for exam entrance. TUTE provision and exam entrance costs are funded by the school and one member of staff is employed as part of Les Voies outreach team to manage logistics and ensure students have some level of support for post-16 pathways, either into employment or further education. In England, the Government defines AP as ‘Education arranged by local authorities for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education; education arranged by schools for pupils on a fixed period exclusion; and pupils being directed by schools to off-site provision to improve their behaviour’26. Consequently there are a variety of AP providers catering for a diverse range of needs and abilities, the most common of which are PRUs but AP is also offered by independent and voluntary providers and FE colleges. AP is funded through the dedicated schools grant to local authorities at a level of £10,000 per placement, but this is topped up by individual local authorities or commissioning schools. The number of pupils in AP in England in 2018 was approximately 49,500 or 0.6% of the cohort. This compares with 17 students in Guernsey who are in receipt of EOTAS or AP which represents approximately 0.2% of the 2019 cohort. There have been recent concerns in England in respect of the quality of provision and the outcomes for those students in an AP setting and the over-exclusion of

26 DfE (2013), Alternative Provision, Statutory guidance for local authorities

students into AP27. However, the UK Government has committed to reforming the sector and has set out a series of recommendations - and £4m funding - to achieve the vision of ensuring young people in AP are afforded the opportunity of a high quality education. Recent reports demonstrate that where a placement is well planned and prepared for, involving parental input, delivered by well- trained staff with a clear transition plan, AP can provide a real opportunity for a young person to re-engage with their education. The Timpson Review of school exclusion quotes research which found the different environment of alternative provision, smaller class sizes and different ways of accessing the curriculum, resulted in young people feeling happier, more confident and more enthusiastic about learning28. When AP is used effectively, it acts as an early intervention for some of the most vulnerable young people and can provide families with tools to support their children’s learning. With the proposal to define education by right of universal entitlement for all students of compulsory education age and the emphasis on provision which meets individual needs in the new legislation, it is considered unnecessary to make explicit reference as to how that might be arranged for students who are unwell or who have disengaged from learning. This also aligns with the direction for the new Law to be permissive and flexible. However, EOTAS and AP are key mechanisms for ensuring all students in the States sector are able to access education and currently entitlement for both is lower than in other jurisdictions. This is an issue of resource and it is the Committee’s aspiration to expand the offer to a level which is more aligned to practice in other countries. Importantly, there is existing flexibility for schools to deliver different types of provision, in a variety of ways to meet individual needs. For example, schools can deliver bespoke learning packages for vulnerable or high-achieving students, such as extra curriculum sessions in additional subjects at secondary level or intensive support and one-to-one sessions outside of the classroom for learners who find large groups challenging. It would therefore be helpful for schools to be able to develop and extend capacity in order to deliver universal entitlement. Following the devolution of responsibilities to governing boards in future, there will be an incentive to review the AP and EOTAS offers, given they have evolved organically and provision in Guernsey is less than that which is provided in neighbouring jurisdictions. For example, it may be that a student would benefit from completing part of their timetable in a more nurturing environment, or that following a decision to exclude a student for a fixed period, an alternative education package is delivered at an alternative location. However, in order to determine the most appropriate form and content of this entitlement, a full review and cost benefit analysis would need to be undertaken.

27 House of Commons, Education Committee (2018), Forgotten children: alternative provision and the scandal of ever increasing exclusions 28 Timpson Review of School Exclusion, 2019

Summary  The new Law will not include a separate definition of EOTAS and AP given that the new Law will define access to education by way of universal entitlement.  The new Law will maintain the existing flexibility whereby schools are able to develop and extend capacity in order to deliver universal entitlement for all students. 14 Administration of schools School admissions and parental preferences Guernsey operates a catchment area system in which every States primary and secondary school, with the exception of the Catholic voluntary schools, the Grammar School and Sixth Form Centre, has a defined catchment area. These catchment areas are drawn up by the Education Office.29 There are mechanisms available to parents/carers in policy to enable them to have a degree of choice over where their child is educated which supports the provisions included in the current Education Law, setting out that in so far as is possible, pupils are to be educated in accordance with the wishes of their parents/carers. These policies include application to the two Catholic schools, or electing for their child to attend one of the private colleges and in exceptional circumstances applying for a place at an out of catchment school. While these options do not provide a full system of parental preferences, they demonstrate that parents/carers in Guernsey do have some element of control over where their child receives an education. Arrangements in Guernsey differ from UK jurisdictions, which provide parents and carers with the ability to opt for preferred primary schools. In England and Wales this is a statutory right with local authorities obligated to adhere to parental preferences unless specific criteria apply. Such criteria commonly include such examples as allowing a child to attend their most preferred school when it would be detrimental to the efficient use of resources, or when it would be detrimental to the education of the child or wider children at the school. A wide-ranging 2018 DfE study provides detailed analysis of the parental preference system as a whole, and its operation throughout England & Wales. The study concludes that while there are variances between cities, the proportion of parents/carers who receive their first preference of primary school has always been high, reaching almost 90% on a national scale.30 However, the report also finds that ethnic minorities are less likely to achieve a place at their most preferred school, with black families having a 73% chance in England overall, compared to white families having a 93% chance. The current system in Guernsey ensures students will not have to travel far to their school and

29 https://www.gov.gg/schooladmissions 30 DfE (2018), Secondary school choice and selection, p.19. A similar publication put this figure at 91%, DfE (2018), Secondary and primary school applications and offers: March and April 2018

transport can be more easily provided by catchment area rather than on an island-wide basis. A number of studies have evidenced the common belief in England & Wales that admissions policies affect house prices, with those houses that are located nearer better-performing schools selling for higher prices than those that are nearer less well achieving schools. This supposedly leads towards disadvantaged families being ‘priced out’ of the catchment areas of popular schools and therefore facing diminished educational prospects for their children. A study in 2006 found that house prices in areas closer to better-performing schools did rise: a house near a school that was slightly above average rose 3%, while the price of a house near a school at the top of the league tables attracted a premium of 12% relative to one at the bottom. In 2006, this was equivalent to £21,000. Scotland operates a slightly different system of parental preferences in that parents/carers are required to make a formal written request for their child to attend a certain school, rather than having a choice by default in the application process. This means that a catchment area system is used as the default mechanism in school allocation, but the option to express a preference exists should parents/carers wish to apply for a different school. A 2012 report analysing the Scottish system found that 67% of parents/carers accepted their allocated school and 32% applied for a non-designated school. It also indicated that families in more disadvantaged circumstances were more likely to submit a placing request, suggesting that these families were less content with the quality of their allocated school.31 Whilst the introduction of such a system in Guernsey would bring a choice to parents/carers, it would also represent a significant shift for the island. A system of parental preferences would be administratively more complex to operate and have the potential disadvantages of increased competition over the ‘best’ schools, prompting ‘selection by mortgage’ to take effect or leading to the perceived weakest schools to close. It would also lead to increased traffic around school sites as school buses do not run out of catchment areas. The significant advantage of catchment areas is that they do not give the potential for discrimination against parents/carers or children based on socio-economic status or other demographic factors. The current catchment area system provides some surety over which school their child will be placed in, whilst offering parents/carers some flexibility over school arrangements should there be exceptional circumstances. Summary  The new Law will specify the basis for admissions to Guernsey schools, which will continue to be by catchment areas for primary schools. Secondary admissions will be based on a partner school basis in that each

31 Scottish Government (2012), Growing up in Scotland: Early experiences of Primary School: pp. 23-26.

primary school will partner with one of the secondary school sites. Regulation, appeals and complaints The current Education Law contains provisions regarding appeals and complaints but only in relation to the registration of schools and financial awards and grants, with this type of appeal being referred to the Royal Court for resolution. There is no current statutory right of appeal against decisions made by the Committee on other matters. It is accepted that where possible disputes should be resolved at the ‘lowest’ level consistent with their satisfactory resolution. For education matters, this may mean that issues can be resolved at school, Committee or in future at governing body level. However, it is recognised that it is not always possible to resolve disputes in this way and sometimes a third party is required to provide an independent review and final decision. The most important factor in an appeal structure, if it is to have legitimacy, is that the originator of any decision should not review an appeal against its own decision. It is also recommended that the person or body considering an appeal should have the information, knowledge and skills required to consider the impact of a decision; for example ensuring that a decision does not place a requirement for unreasonable expenditure on the States, or that it is not inefficient or ineffective. In education, the decisions which are most often associated with an independent right of appeal are those regarding school admissions, pupil exclusions and SEND determinations. However, it is also recognised that an independent appeals panel may be required to respond to any appeals that are received under the new disability discrimination legislation. Advice received by previous Committees suggests that there should be an independent appeals mechanism to enable decisions to be reviewed, particularly in respect of school admissions and fixed term exclusions. In England, there is a statutory right of appeal in respect of decisions about school admissions, exclusions and statements of special educational needs. In Guernsey, while there is currently no standard mechanism for decisions taken within the education system, the Committee has introduced some mechanisms through policy, for example appeals regarding SEND determinations. These mechanisms vary in respect of who the appeal is made to and who the arbitrators are; in some cases there are panels of professionals unrelated to the specific case who review details and act as decision makers, in other cases there are legal processes in place, for example a magistrate may direct a School Attendance Order to cease. Members of the public also have a route through the Administrative Review Board (ADRB) to challenge actions and decisions of a States' Committee or body (or an Officer acting on its behalf). The Review Board cannot overturn the decision or action taken but, where a complaint is upheld, it can request that the States' Committee or body concerned reconsiders its decision or action. The States' Committee or States' body is not bound to follow the findings of the

Review Board, although in practice its decisions are normally respected. A review is currently underway to consider and potentially rationalise the number of panels and appeals processes across the States. However, the current position is that special appeals tribunals will need to continue for certain areas, such as mental health and education, to ensure that decisions are made with advice from subject matter specialists. It is possible that the review will recommend that the secretariat and administration of tribunals and appeals are centralised. Currently, an Employment and Discrimination Tribunal hears appeals on employment and sex discrimination matters. The proposed discrimination legislation will require an independent appeal panel to be set up to review any appeals in Guernsey in relation to disability. The current proposal is to expand the remit of the existing tribunal to include other elements of discrimination, and to up-skill the lay members of the tribunal appropriately as the discrimination grounds increase, and to cover other elements such as goods and services. Its expertise will generally be in employment law, human resources and accessibility law and not in specialist fields such as education. The proposals agreed by the States during the debate on the Proposals for a New Discrimination Ordinance include a mechanism for claims of disability discrimination against schools to be heard and reviewed. However, the resolutions direct CfESC and CfESS to work together to develop an appropriate adjudication mechanism for complaints with respect to disability discrimination in schools and preschools and for any discrimination complaints relating to States’ school admissions. Resolutions also set out that legislation, with respect to the education field, is delayed until the appropriate adjudication mechanism is in place. This is particularly important as the remedies will not just be limited to financial compensation but could include the ability to order a specific course of action. This might not be appropriate with respect to SEND determinations or for complaints regarding discrimination, such as the admission of a child to a particular education setting or provision of an appropriate adjustment to meet a child’s particular needs. Feedback from CfESS is that, although the panel will be up-skilled in future, it may not be the most appropriate tribunal to hear claims related to disability discrimination in schools and it may be prudent for such claims to be heard by a separate specialist. In Jersey, one panel has been set up to hear all appeals across all sectors, but the panel has not yet been tested with an education case. There is also the potential for complaints in respect of independent and voluntary schools and private pre-schools. Consequently it is necessary to consider the best mechanism for hearing disability discrimination complaints in education more widely than just in States’-maintained schools. Given Guernsey’s size and scale, it might be sensible for there to be one route of appeal for all children and young people from pre-school through to further and higher education.

The review of arm’s-length bodies across the States may assist with identifying an existing suitable body. However, this work is ongoing and the findings and the conclusions of the review are yet to be confirmed. Section 34 of the current Education Law provides that in the exercise of all powers and duties, the Committee must have regard to the general principle that, as far as possible within the provision of efficient and effective instruction, pupils are to be educated in accordance with the wishes of their parents/carers. However there is a condition that this should not involve unreasonable expenditure by the States. If a tribunal was intended to be able to make a judgement for financial compensation, or make an order for a course of action which might include children being educated otherwise than in school, or regarding finance awards in Higher Education, then the safeguards provided by Section 34 of the current Education Law should be included in new legislation to ensure that no level of unreasonable expenditure is placed on the States. Appeal structures vary but contain the basic principles that an appeal is most often heard in private and follows a set procedure. Panel members will be independent from the matter in question and will include at least one person who has experience in education and at least one person who does not have experience in education. The Panel’s decision is final and binding on all parties and appeals should be based in law. Options for any appeal body in this instance could include:  For appeals to be heard by the Employment and Discrimination Tribunal, irrespective of the subject matter, to include all elements of appeal related to educational matters.  For appeals to be heard by the ADRB, irrespective of the subject matter, to include all elements of appeal related to educational matters.  For there to be a separate appeals panel to meet the needs of educational matters. A separate panel would have the advantage of simplifying the system with all educational matters, including those related to disability and discrimination in education, being heard by a single body. The costs of this option would include any fees paid to panel members, alongside a tribunal secretary, although there is potential for this to be a shared resource. There would also likely be additional cost in respect of a chairperson. A key consideration is the extent of any right of appeal; there is potential for its scope to be narrowed to specific elements and decisions, alternatively it could extend to all education-related decisions. In practice some matters are usually automatically excluded from appeal, for example: salaries, pay, and conditions of service. In this instance, it is proposed that parents and carers will be able to appeal against decisions in respect of a number of educational matters such as discrimination, school admissions and SEND but that this detail would be set out in secondary legislation. It is anticipated that the secondary legislation would

also make provision for appeal procedures including the payment of allowances to members of the panel. This would ensure flexibility and minimise the requirement for amendments to primary legislation. Summary  The new Law will include a statutory right of appeal to an independent body in respect of certain matters under the direction of the Committee to include decisions made by a school, agent, the Committee and any future governing body.  The new Law will allow for secondary legislation to be made to enable the establishment of a single appeal body for education matters.  The new Law will provide for secondary legislation which will set out the matters where a right of independent appeal would be allowed. This would include issues such as exclusions and school admissions.  The new Law will include a provision similar to that set out in Section 34 of the current Education Law to ensure that, in the context of such appeals, there is consideration of efficient and effective instruction and avoidance of unreasonable expenditure for the States.

15 Voluntary schools Guernsey currently has two Catholic primary schools Notre Dame du Rosaire Primary School and St Mary and St Michael Primary School. These schools operate as voluntary schools in that they are maintained by the States but established by another body, in this case the Catholic Church. The current legislation sets out that the States are responsible for the expenses of ‘maintaining’ voluntary schools with the exception of any costs incurred in connection with the upkeep, repair and decoration of the school buildings, which fall to the voluntary school’s management committee. Section 5 of the current Education Law enables voluntary schools to be established with States agreement. Removing this provision from the legislation would not prohibit the merger, relocation or re-branding of pre-existing voluntary schools. The current Education Law is silent on the admission arrangements in States schools. The current Education Law makes little distinction between States schools and voluntary schools and the Committee currently has an Admissions Policy with no underpinning legislation. Operationally, it is anticipated that school admissions for voluntary schools will continue to be managed through the usual admissions process for practising Catholics and via out-of-catchments areas application process for non-Catholics. In the past there have been issues, in particular, with the admission arrangements in the two Catholic schools, and notably with admissions to Notre

Dame School. In other jurisdictions, for example England, there is statutory provision which allows schools with a religious character to give priority in admissions on the basis of religion when a school is oversubscribed. Following the recent States resolutions in respect of equality legislation, discrimination on the grounds of religious belief will be included in the Discrimination Ordinance and so it will be necessary to ensure that an exception, similar to that in England, exists in law to enable voluntary schools, and any faith-based independent schools, to use religious belief as part of their admission process. A further complication with the current legislation is the provision enabling a parent or carer of a child at either a States or voluntary school to opt for their child not to take part in religious education or observance. This implies that the current Education Law recognises that non-Catholics will attend the island’s voluntary schools. Section 12 of the current Education Law also acknowledges that pupils who are not Roman Catholic can be admitted to Roman Catholic schools. This section gives a parent or carer the right to request a different religious education syllabus, and provided it has been approved by the Committee, a place should be made available for the child. In England, the law recognises that in schools with a religious character some posts will need to be filled by members of the faith of the school. For example, in Catholic schools, preference for a teaching role may be given to a Catholic. Applying the same principle in Guernsey will limit the field of applicants and may lead to an increased number of appointments from off-island in future. The challenge is a balance between maintaining the core integrity of the Catholic ethos of the two schools and the potential limited field of applicants if otherwise -appointable candidates fail to make an interview shortlist due to religious reasons. It is therefore recommended that this self-imposed restriction should be used sparingly for leadership posts, such as only in the case of Head and Deputy Head posts, and where there is an overwhelming case for any appointment to be Catholic, for example in the appointment of the Head of Religious Education. The existing legislation is unclear in respect of the States accountability for the maintenance of voluntary schools. The States occupy rather than control and maintain the premises which impacts the duty of care owed by the States to its employees who work on the premises. The current arrangement only affords that the States is able to ensure the provision of a safe working environment for employees that is reasonably practical. Under the current arrangements, there is the possibility of proceedings being instigated against the Committee should one of its employees be injured when working at one of the voluntary schools. Modern health and safety requirements are in opposition to the split responsibilities outlined in the current legislation. A distinction is made between the running of the school and the condition of the school. This leads to the potential for misinterpretation and it is unclear where responsibilities for

systems installed within the building rest, for example fire alarms or building- related safety such as legionella control. It is also unclear where the foundation managers for voluntary schools are able to obtain funds to undertake their responsibilities. In England, the Diocese receives 90% of the costs in financial support. A comparable provision is not in place in Guernsey, making the expenditure on the two Catholic schools far less attractive. The Committee is keen to ensure that there are clear arrangements in place and sufficient funding secure so that schools are able to operate safely and efficiently. It is also important that the new Law remains flexible and it is therefore proposed that any agreement between the Committee and voluntary schools is provided for in regulations. Dialogue in respect of the operational arrangements should include the financing of the maintenance of the buildings, the standard of the buildings and financing the capital for any improvement necessary to the buildings. The current Education Law includes a provision enabling the Committee to step in and run a voluntary school for up to two years whilst using the premises free of charge during that period where the managers of a voluntary school are unable or unwilling to carry on the school. It is key that this provision is maintained in the new Law in respect of the two existing voluntary schools, as there is insufficient surplus capacity in the primary sector to absorb the pupils currently attending these schools if one or both schools suddenly closed. Summary  The new Law will retain and define the term voluntary schools.  The new Law will prohibit the establishment of additional voluntary schools; instead any new schools will be established as either independent schools or States schools.  There is a requirement for an admission policy exception in the forthcoming discrimination ordinance so that the Committee may allow for faith-based criteria in prioritising pupils in the admission arrangements for voluntary schools.  There will be an exception in the forthcoming discrimination legislation to allow preference to be shown to applicants for teaching positions who are practising Catholics when applying for key leadership posts in the Catholic voluntary schools.  Secondary legislation will be provide the detail of any arrangement between the Committee and voluntary schools.  The new Law will maintain the provisions in Section 7 (2) and (3) of the current Education Law allowing the Committee to step in and run the school for a maximum of two years when the school managers are unable

or unwilling to carry on. 16 Independent schools An independent school is defined in the current Education Law as ‘any school at which full-time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided for pupils under or over that age), not being a school maintained by the States or a school in respect of which grants are made to the proprietor of the school.’ There is currently only one school in Guernsey which meets this definition, namely Monkey Puzzle. Given the existing legal definition, Elizabeth College, Ladies College and Blanchelande College are not considered to be independent schools as they are in receipt of States funding. It is recommended that the anomaly in the current Education Law that allows for a distinction between an independent school and an independent school in receipt of States funding is removed in the new legislation as this will ensure that any proposed changes introduced will encompass the three independent colleges in addition to Monkey Puzzle. The reference to ‘full-time education’ included in the definition can lead to ambiguity, and in the UK it has created a loophole which has been exploited resulting in children missing education. There have been several high-profile cases in England where proprietors of independent schools have argued that the education being provided was not full time in an attempt to avoid statutory obligations. Similarly the definition of ‘school’ can also be an issue especially when a group of home-educated children are being taught together either in a home or non-home setting. In order to ensure that all children and young people are safe and in receipt of an appropriate education it is key that where an establishment is providing all or substantially all of a child’s education it should fall under the definition of a school which should be registered. Under the current legislation the Committee is obligated to keep a formal register and correspondingly independent schools are required to undergo a registration process. Registration is provisional until an inspection of the school has been completed and notice is given to the proprietor that the registration is final. The current Education Law establishes a power for the Committee to make regulations in respect of independent schools including the circumstances which may lead to a school being removed from the register. Mechanisms for the Committee to serve notices of complaint are also provided for, for example in relation to unsuitability of accommodation or instruction. The determination of complaints is by the Royal Court. A condition of registration is that the proprietor of the school must provide annual returns or reports to the Committee, and these must include information such as pupil population numbers, details of teaching staff and school ownership. It is intended that following registration there would be circumstances where these provisions will be maintained in the new legislation for along with additional information requirements such as the number of children/learners with SEND, details of exclusions and staff qualifications as this will provide

assurance in respect of safeguarding. It is anticipated that the new Law will enable regulations which will provide the detailed requirements of the reports. In England a further condition of registration is for schools to demonstrate how they will meet required standards, for example the quality of education provided, welfare, health and safety and effectiveness of leadership and management. It is the responsibility of the school proprietor to ensure that the required standards are met. The same provision does not currently exist in Guernsey and it is proposed that the new legislation remedies this by enabling the Committee to specify those areas in which independent schools will be expected to reach a satisfactory standard before gaining registration approval and being permitted to remain on the register. Criteria and guidance will be provided for by regulations. Under the current arrangements, the Committee has a duty to ensure all independent schools are inspected, with the exception of Elizabeth College. It is proposed that the new legislation will remove this exception as there is no justification for it. The three colleges are inspected on the basis of British Schools Overseas by the Independent Schools Inspectorate (ISI). The ISI is empowered to carry out inspections of independent schools through an agreement with the UK’s DfE. The current Education Law provides that the Committee may appoint an HM inspector (HMI) to inspect a school or, if it believes satisfactory inspection measures are in place, it may approve those alternative arrangements. It would be beneficial to remove the restriction that the execution of inspections can only be undertaken by Her Majesty’s Inspector of Schools and include greater flexibility to provide the Committee with the power to authorise any organisation it approves to carry out inspections, including an officer from the Education Office. The private colleges are independent from the States, but are not wholly free from some measure of perceived influence, largely through the States-appointed governors. Each college has unique governance arrangements with a different number of governors appointed by the States. Elizabeth College operates under Statutes established by Orders in Council; The Ladies’ College operates with all the powers of a limited company established in law and Blanchelande College operates as a Company Limited by Guarantee, known as an LBG. Recent changes to the Statutes governing Elizabeth College removed the requirement for the States to appoint directors to the governing Board in future. This change was made in order to facilitate the best commercial and governance practice in the appointment and selection of governors. Given this best practice it seems appropriate that changes should be made in respect of the other two colleges. Summary  The new Law will include the definition of an ‘independent school’ such that it applies irrespective of whether or not the school’s proprietors are

in receipt of States funding. It should also be broadened to remove the confusion in respect of what constitutes a school and the meaning of full time.  The new Law will continue to require proprietors of independent schools to be required to register with the Committee before opening a new independent school.  The content and detail of reports which independent schools will be required to return as a condition of registration will be contained in regulations and supplementary guidance.  The new Law will provide for Regulations which will require independent schools on the register to be regularly inspected to ensure that standards are, and continue to be, met. Regulations will also set out conditions of re-registration.  The Committee will set out guidance to prospective proprietors of independent schools in respect of the information to be provided when applying for registration.  The new Law will require independent schools to have regard to the guidance issued by the Committee, as a means of retaining registration.  The new Law will establish an offence for a proprietor to operate an unregistered school.  The new Law will set out that school inspections will not be limited to a specific organisation and can be undertaken by any organisation or officer acting on behalf of the Committee as deemed appropriate and approved by the Committee to undertake such inspections. Officers of the Committee will only undertake inspection for educational settings that are not inspected by recognised inspectorates. .  The new Law will introduce a power to enable regulations which set out the standards to be adopted by, and applied to, independent schools.  The new Law will not provide for States appointments to the boards of the independent colleges, as this arrangement will be discontinued.

17 Consultation and voice of the learner The current Education Law makes limited reference to the views of parents/carers. Section 34 provides that the Committee will have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents/carers as long as it does not involve unreasonable expense. This implies a requirement for the Committee to enable parents/carers to share their wishes but does not place any express duty to seek them out. There are many existing mechanisms which account for listening to customer voices as part of service development, and in particular those of children and

young people. The Children Law (Guernsey and Alderney) 2008 sets out the child welfare principles that irrespective of age, development or ability, a child should be given an opportunity to express views in all matters affecting them and that except where it is demonstrated to the contrary, it is presumed that a child is capable of forming a considered view from the age of 12 years. The Children Law also embodies a number of rights from the UNCRC including that ‘every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. This right applies at all times, for example during immigration proceedings, housing decisions or the child’s day-to-day home life.’32 The CYPP sets out commitments that the States will ensure that the voices of children and young people are at the heart of everything it does and that improving information sharing practices and working more closely in partnership with children and families are priorities. The CYPP also establishes four priorities for the Bailiwick’s young people, one of which is that they are included and respected. This extends to ensuring they have a voice in decisions that affect them and being supported to play an active and responsible role in all aspects of their lives. The pilot Education Inspection Framework to be used by Ofsted makes clear the need to understand the views of stakeholders as part of the inspection of schools, and of further education providers. It is also expected that where governance is devolved, the governing body will be required to ensure that they are actively engaging with, and considering the views of, stakeholder groups as part of good governance. In 2011 the States resolved33 to adopt the six Core Principles of Good Governance as determined by the UK Independent Commission on Good Governance in Public Services. Among the core principles are a focus on the organisation’s purpose and on outcomes for citizens and service users; taking informed, transparent decisions, managing risk; engaging stakeholders and making accountability real. Consultation and engagement are essential to demonstrating that these principles are being followed by public services. The Framework for Public Service Reform includes a priority to improve customer engagement and satisfaction, recognising that the public service needs greater engagement with service user groups, including those in our community who are harder to reach or more vulnerable, third sector groups and businesses. The framework goes on to establish a commitment that the public sector will further develop effective consultation and partnership with the whole community, including the third and private sectors, as well as other jurisdictions and international organisations. This enables government to involve the community in developing policy so that working with the third and private sectors as well as

32 A summary of the UN Convention on the Rights of the Child 33 Billet d’État IV of 2011

engaging with customers becomes established practice. Much of the consultation required in English education law is linked with the creation of new schools, the closure of existing schools and the conversion of schools to academies. These duties are placed on the local authority and the governing body who are required to follow specified processes, in accordance with regulations with regard to these changes. The situation is similar in Jersey, with the Education Minister required to consult on significant changes to the education estate, for example opening, closing or changing the character of schools, as well as needing to consult with employers on the review of vocational education and with staff, pupils, parents/carers and any affected governing bodies on the establishment of, or delegation of duties to, governing bodies. Given the current Education Law is focused on the rights and responsibilities of parents and carers and children and young people with regard to their access and entitlement to education, it would seem correct and appropriate to include an explicit duty to consult with parents, carers and learners in respect of significant decisions. However, whilst the new Law offers an opportunity to do this, the extent of existing mechanisms and initiatives to ensure that policy makers consider the views of stakeholders when making decisions about the provision of services or changes to them, is such that an explicit duty in the primary legislation appears unnecessary. Summary:  A duty to consult and engage is included in Children (Guernsey and Alderney) Law 2008; through the extension of UNCRC and UNCRPD to Guernsey and through the States strategic plans such as the CYPP consequently the new Law will not include a specific duty in this regard.

18 Safeguarding - Promoting the Welfare and Wellbeing of Children The UNCRC sets out rights that all children should have protection and opportunities, regardless of their age, gender, culture, race, ability, sexual identity, religion or background. Locally, the Children Law 2008 provides a general framework for child protection and safeguarding, and requires all States employees and everyone working with children, to work together and share information to ensure that children and young people get the services they need to achieve and maintain a reasonable standard of health or development. In the UK, the DfE’s safeguarding guidance document ‘Keeping Children Safe in Education’ (KCSIE) defines safeguarding and promoting the welfare of children as:  Protecting children from maltreatment;

 Preventing impairment of children’s health34 or development;  Ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and  Taking action to enable all children to have the best outcomes. While Guernsey is not tied to UK guidance given the commonality of approach to many aspects of education delivery and the new inspection framework to be undertaken by Ofsted, it is considered sensible that UK guidance is referenced in the Education Law review. The Committee is also subject to Resolution 17, Billet d’Etat II of 2018 to take a proactive approach to learner wellbeing and ‘to embed an “environment for health” ethos across all aspects of education provision in the Bailiwick (including educational outcomes, the learning environment, curriculum, policies and procedures and partnership working) and to make use of any opportunities to meet the mental, emotional, social and physical wellbeing needs of all learners’. The review has considered whether there should be specific mention in the legislation of particular issues which contribute to the overall safeguarding, health and wellbeing of children and young people, for example healthy eating, behaviour and bullying. The review concluded that in order to ensure the primary legislation remains enabling and facilitates future changes in provision, rather than reference specific matters, it is more appropriate for the new Law to include a broad duty in respect of the safety and wellbeing of all learners. This will be subject to regular review and update. Summary:  The new Law will set out general responsibilities to safeguard and promote the welfare and wellbeing of learners, rather than directly specify individual areas for focus.  In respect of the safeguarding and wellbeing responsibilities the new Law will contain: o A general overarching duty for education providers requiring them to make suitable arrangements through policies and practices that are regularly reviewed and updated, o A power for the Committee to expand upon requirements through secondary legislation and guidance. Bullying Bullying can be described as behaviour that is deliberately intended to hurt, threaten or frighten another person or group. It can have a significant and detrimental impact on the mental health and wellbeing of young people and it is

34 The DfE has issued a consultation (25.02.20) on the next version of KCSIE, which includes a suggested change to ‘preventing impairment of children’s mental and physical health or development’, as both are relevant to safeguarding

important that schools put measures in place to minimise the risk of bullying. While reference to bullying and measures to address it are referred to in the legislation of other jurisdictions, including England and Wales, the current Education Law is silent on the matter. In Guernsey, schools record bullying differently depending on internal policies; consequently it is difficult to make direct comparisons in respect of pupils’ experiences of bullying between schools. However, questions on bullying are included in the Young Peoples’ Survey (www.gov.gg/youngpeoplessurvey) and the results over the past three surveys (2013/2016/2019) show a decline in self- reported bullying. The current Education Law does not require schools to have an anti-bullying policy, or wider behaviour policy and instead this is dealt with at Committee policy level. In States education settings the overarching States’ Education policy ‘Promoting Good Behaviour in Schools’ requires all States schools to have a behaviour policy, which includes measures to seek to prevent all forms of bullying among students. A separate document, ‘Anti-Bullying Procedures – Guidance for Schools’, provides specific anti-bullying guidance to schools. The ‘Positive Mental Health and Wellbeing Policy’ also refers to the development of clear policies to prevent and address issues of bullying. There is no direct requirement either in the current Education Law or in policy for independent schools to have bullying or behaviour policies in place. In England and Wales, schools are legally required to have a behaviour policy and measures in place to prevent bullying. In Jersey, the legislation does not specifically mention bullying. However, it does contain provisions dedicated to ‘Behaviour and Discipline’, to ‘promote self-discipline and proper regard for authority, the encouragement of good behaviour and respect for others and the property of others and the attainment of acceptable standards of behaviour among pupils’ and to ‘regulate pupil conduct’. All schools are required to set out acceptable behaviour and measures to meet these aims. The Committee recognises that bullying is as an important issue and acknowledges the negative impact it can have on a person’s educational experience. Therefore as part of their safeguarding responsibilities, schools must have an obligation to minimise the risk of bullying through effective behaviour policies and anti-bullying measures. Summary  The new Law will include a requirement for all schools to promote good behaviour which will include the operation of a behaviour policy which is accessible to parents and carers.

Health, Hygiene and Cleanliness The existing legislation provides a number of powers and duties in respect of the

medical inspection of, and medical and dental treatment for students in schools. Sections 37 and 39 of the current Education Law place a duty on CfHSC to provide for the medical and dental inspection and treatment of pupils in attendance at any school, with fines where a parent/carer does not submit their child for inspection. In terms of current practice, rather than medical inspections undertaken by medical practitioners, there are various health screening checks, for example, vision and weight checks conducted by school nurses, and dental checks by the Children’s Dental Service. School nurses also provide support in respect of medical needs and advice on a range of health matters. Treatment includes, for example, vaccinations provided through the School Nursing Service and dental treatment where a child qualifies under the terms of the Children’s Dental Service. The power to charge parents/carers for treatment costs gives a clear basis for the States to recover expenses from a parent/carer, where appropriate. The current duty has provided crucial medical protection for nearly 50 years and the current situation with the coronavirus pandemic illustrates the importance of retaining such a provision. However, establishing a duty for a different principal Committee in the new education legislation does seem incongruous so it is proposed that a duty is imposed on CfESC to arrange for medical inspections etc., conducted under the supervision of the Director of Public Health. The current Education Law also includes a power for the Committee to ensure cleanliness through the examination of children and where infestation or a foul condition is identified the parent/carer can be required to resolve the issues by ‘cleansing’ the child. If the situation then reoccurs, the parent/carer can be fined. Where vermin or a foul condition is suspected, but examination or cleansing cannot be undertaken immediately, the ‘Medical Officer of Health’ has the power to direct the child be excluded from school until the required remedial action has been taken. The medical and cleanliness provisions in the current Education Law are particularly outdated. In reality routine inspections, for example for head lice, are no longer carried out in school; however there are significant advantages to maintaining a legal basis for screening, inspection and treatment of children and young people. The delivery of such services in school may provide some children’s only contact with health professionals and this legal provision generally enables an efficient means to monitor, promote and protect a child’s health. From an equality and safeguarding perspective, these services should continue to be provided to those children registered in States and non-States schools, but also be available to children educated outside school, for example those who are home educated. In Jersey the power to exclude a learner on the basis of suspected vermin or foul condition is extended to include infectious disease. Guernsey’s current policy advises headteachers that, in line with their safeguarding duties, they do not have to accept a child in school at times where it would be detrimental to the

health of that individual child or others. This would encompass ensuring that learners’ health is not put at unnecessary risk from, for example, infectious disease. Existing provisions in the Public Health legislation include the ability to fine headteachers if they knowingly allow an infected person to attend school. The need for powers to protect people from the risk of infectious diseases has been highlighted recently with the coronavirus (COVID-19) pandemic which demonstrated the risk that infectious diseases pose and how the spread of a disease can be reduced when individuals who might be unwell are asked to remain at home until any symptoms have subsided. Having a power in place to reduce the transmission of infectious diseases is considered to be an important health and hygiene measure. It is therefore proposed that a power is created which enables a headteacher to direct that a child should not attend school in circumstances when attendance would be detrimental to the health of that child, or others. It is recognised that any provision not to accept a child or young person in school would need to be managed very carefully to ensure there is no potential for discrimination. It will be key to ensure very clear guidance is produced to outline the circumstances when such action would be legitimate, that is when it is known that a child has an infectious disease, including illnesses such as vomiting and diarrhoea, and poses an infection risk to others in school or to themselves were they to attend. Importantly, a decision to use this power should be taken with medical advice. Currently the Medical Officer of Health is also empowered by public health legislation to enter ‘any public or private school’ to examine any pupil to ascertain if they are suffering from infectious disease, and to require the person in charge of the school to take such measures as are necessary to prevent spread of infection. That element would appear best suited to remain in the public health legislation, but in view of the ongoing public health legislation review, maintaining dialogue with the CfHSC will be key to ensure that the new legislation complements each other. The language used to describe some of the powers in the current Education Law, particularly in respect of health and hygiene, will benefit from being updated in the new legislation. It is also important that any new definition is sufficiently broad to cover the variety of inspections and examinations learners may receive over the course of compulsory education age years. It is proposed that the parental right to prevent a child from receiving health services should be included in the new Law as any concerns regarding a learner who has been ‘opted out’ could be referred through MASH under provisions in the Children (Guernsey & Alderney) Law 2008. The aspiration remains to develop plans for the co-location of services on secondary school sites following the review of secondary delivery models. The aim is to bring together education, health and care services to improve access for children, young people and their families and reduce the time lost to education in attending appointments during school time. This may include other

services such as Child and Adolescent Mental Health Services (CAMHS) and physiotherapy. Summary  The new Law will establish a duty for the Committee to arrange for medical inspections/treatment, for learners at any school and those educated at home, to be conducted under the supervision of the Director of Public Health. The definition of inspections and treatment will be sufficiently broad to cover all relevant health services.  The new Law will establish a duty for the Committee and future governing bodies as appropriate, including within non-States schools to make arrangements for encouraging and assisting pupils in education to take advantage of health services made available to them by the CfHSC, retaining the caveat that a child should not be encouraged or assisted if their parent/carer objects.  The new Law will omit the current powers to require a child to be examined, cleansed or excluded for matters of cleanliness and ‘vermin’ given that health and hygiene concerns regarding a child can trigger referral for processes under the Children Law.  The new Law will establish a power for the Committee to direct that a child should not attend school in circumstances when attendance would be detrimental to the health of that child, or others; absence from school during that period will be considered ‘authorised’.  The new Law will retain a power to charge costs to parents/carers, subject to hardship issues, to allow flexibility for the future. Corporal punishment Corporal punishment includes any punishment in which physical force is used and intended to cause some degree of pain or discomfort. It is contrary to a number of treaties that apply to Guernsey, including the European Convention on Human Rights and the UN Convention against Torture (UNCAT). It is also contrary to the UNCRC. In Guernsey, corporal punishment is unlawful as a sentence for crime. In 1985, the Education Council resolved that it should not be permitted in schools under its jurisdiction, but its use in schools is not explicitly banned in law. Corporal punishment of children in Guernsey is not prohibited generally because in certain circumstances a ‘reasonable punishment’ defence exists such that certain acts undertaken in certain contexts, for example a parent/carer punishing a child, will constitute a valid defence. Section 2 of the Child Protection (Alderney) Law, 1953 indicates the right of a teacher, among others, to administer punishment to a child for which they have lawful control or charge. Reviews by relevant UN Committees in recent years have given rise to consistent observations and recommendations around prohibiting corporal punishment in

all settings in the Crown Dependencies, including, and sometimes specifying, schools. The legislation in other jurisdictions, including the Isle of Man, England and Wales contains explicit prohibition of corporal punishment. In Jersey corporal punishment is unlawful in all settings including the home. The principles and objectives for the new Law would implicitly prohibit corporal punishment. However, making an explicit prohibition of corporal punishment of children in all schools, including registered pre-school settings and for those children for whom education is provided under any arrangements made by the Committee, would more clearly demonstrate commitment to relevant conventions, including the UNCRC. For clarity, it would be sensible to identify that action or use of reasonable force in certain circumstances such as for the prevention of personal injury or damage, is not considered to be punishment. Summary  The new Law will prohibit of the use of corporal punishment in all schools.  The new Law will include wording to identify that action or use of force in certain circumstances, such as for the prevention of personal injury or damage, is not considered to be punishment. Provision of clothing The current Education Law grants powers to the Committee to provide clothing to pupils registered at any school. Current practice is such that clothing grants, or uniform allowances are issued by the Committee for Employment & Social Security (CfESS). In 2017-2018, 64935 uniform allowance applications were approved, representing over 10% of children attending States schools in Guernsey. Initial discussions with CfESS indicate an appetite for uniform allowance to become part of income support legislation but there is no work on this currently scheduled. It is therefore proposed that the new Law should retain the power to enable the provision of clothing or relevant financial assistance until such time as appropriate CfESS legislation is ready. The new Law should also retain the power to recover a cost from parents/carers where financial circumstances permit as this would provide flexibility for a change to the future approach. Summary The new Law will maintain a duty for the Committee to ensure the provision of clothing and or relevant financial assistance and retain the power to recover sums from parents/carers where appropriate, provided it does not cause financial hardship. Employment of children The UNCRC sets out the responsibilities of States Parties in respect of the

35 This figure relates to children in Reception to Year 11 at States schools in Guernsey. It does not include data for Alderney or the grant-aided colleges.

protection of children and young people from economic exploitation and from performing any work that is likely to interfere with a child’s education or be harmful to their health or development. In particular there are obligations contained in the Convention for States Parties to provide for a minimum age for admission to employment, appropriate regulation of the hours and conditions of employment and appropriate penalties or other sanctions to ensure effective enforcement. The current Education Law contains provisions around employment of children of compulsory school age which outline the various powers available to the Committee to ensure no child or young person is employed in a manner that is prejudicial to their health or education, including fines or imprisonment for those who may be employing children in contravention of these principles. Provisions adapting other legislation in respect of the employment of children are also contained in the current Education Law. However, other more general provisions related to child employment around issues such as hours of work and payment, are set out in a number of other pieces of legislation including laws which are more than one hundred years old. Feedback from stakeholders indicates that there are still occasions where employment interferes with a child’s education and which require intervention, and it would seem logical that the protection afforded by the provisions should extend to all children of compulsory education age and not just to those registered at school. The current provisions are key in terms of protecting the education of children and young people who are of compulsory education age, but who are also working. Maintaining similar legislative provisions is aligned to the UNCRC so it would seem sensible that provisions that relate to impact of employment on education are maintained in the new legislation. Summary  The new Law will carry over provisions similar to those in section 47 of the current Education Law, to enable action where it appears employment is prejudicing a child or young person’s ability to obtain the full benefit of education, with appropriate consequences for employers who may be employing children in contravention of these principles. The powers to act should relate to all children and young people of compulsory education age, not just learners registered at a school.  The new Law will carry over provisions adapting other legislation relating to the employment of children or young people which is necessary to ensure continued ‘adaptation’ of other legislation. Searching and screening pupils The current Education Law does not include any formal powers in respect of searching students. However, feedback suggests that searching is conducted across the secondary phase. Searches include learners’ property and clothing

and are undertaken both with and without consent. Where it is felt necessary by staff the Guernsey Police will be brought in to lead or support schools in doing this. The Police can use their own powers as a basis for searching with or without consent. Individual school behaviour policies do not in all cases specify prohibited items or clarify that students and their possessions may be searched, possessions confiscated and the incident referred to the police. Providing clarity to schools with regard to the requirements and expectations for screening and searching would be welcomed by headteachers and would ensure there is consistency in how they are undertaken and reported. The Neighbourhood Policing Team have confirmed that they have attended schools and that generally young people will consent to a search when they are present, therefore not requiring use of statutory police powers. The Youth Justice Service has also emphasised that the power to search should sit with the Police and not be extended to others, including teachers. It is acknowledged that while there may be circumstances when the safety of the individual or others is at immediate risk, teachers may choose to intervene but this should not be encouraged through policy or legislation. In other jurisdictions, for example England, schools can require pupils to undergo screening by a walk through or hand-held metal detector even if they do not suspect them of having a weapon and without learner consent. Schools have statutory powers enabling the formulation of rules on pupil behaviour and employer duties enable the imposition of a requirement that pupils undergo screening undertaken by any member of staff. In respect of searching, staff have powers to search pupils for any item provided they have the pupil’s consent. Those staff who are authorised by a headteacher are able to conduct a search without consent provided there is reasonable grounds for suspecting a pupil may have a defined prohibited item and subject to certain conditions, including that there must be a witness and the person conducting the search must be of the same sex as the pupil being searched. It should be noted that the National Education Union (NEU) does not support the routine screening and searching of pupils, its view being that this is likely to undermine the trust and respect between learners and school staff and impede the efforts of school leaders to have an open, supportive and inclusive school community. The NEU raise a number of specific areas for staff to be aware of with regard to searching which include the following:  searching involves physical contact which can be sensitive  sufficient and suitable training is required  force should be avoided  staff need to ensure they are covered by insurance in the case of being injured or if a claim of injury is brought against a member of staff

 staff must be mindful of the pupil’s rights, dignity, health and data protection rights  school and employer policies are sensible and reasonable Article 16 of UNCRC sets out the child’s right to privacy. It is therefore key that the searching and/or screening of pupils takes this right into account and the policy and legislation underpinning the decision to search or screen includes protection against arbitrary acts which could impact privacy and harm the child’s reputation. Expecting teachers and staff in schools to search learners physically without consent is clearly not appropriate. It is generally understood that staff in schools would request pupils to open their bag or turn out their pockets but if this was refused the next step should be to request the Police to attend. Guidance and policy should be in place to provide clarity for staff and learners and to ensure consistency across schools. Schools should be able to undertake proactive screening without requiring statutory powers to do so, but any such screening should be included in policy. Feedback from stakeholders demonstrates there is a clear rationale for not including powers in the new Law but instead for providing guidance for schools which represents best practice and enables learners to be involved in school behaviour policies, for example agreeing prohibited items. Summary:  The new Law will not contain powers in respect of searching or screening learners. Operational policy and guidance will be put in place to provide clarity and consistency across education providers with regard to the searching and screening of learners. Food and Activity The current Education Law is largely silent on matters of food and activity for children and young people at school and the new Law presents an opportunity to make provision in these areas. Lifestyle factors, including nutrition and exercise play a significant role in minimising the risk of diseases such as stroke and cancers. Diseases influenced by lifestyle factors, including nutrition and activity levels, are of worldwide concern and locally50%36 of deaths in Guernsey and Alderney in 2013-15 were attributable to diseases of the circulatory system, (mainly heart diseases and strokes) and cancers. The estimated cost to the Bailiwick’s wider economy from effects of obesity and related conditions is £27 million per annum37.

36 Data sourced from the Health Intelligence Unit, and based on p47-48 available from: https://www.gov.gg/CHttpHandler.ashx?id=110876&p=0 37 Data sourced from the Health Improvement Commission (HIC). The approach of extrapolation was endorsed by senior officers in both the CfHSC and Policy & Resources. Figure relates to factors such as

According to the Health Improvement Commission38, local data mirrors the international picture in indicating a close correlation between socio-economic inequalities and increased weight amongst local children as well as a decline in physical activity throughout childhood, which is steeper amongst certain groups such as girls. The Guernsey Child Measurement Programme (GCMP) Report39 records the weight of children in year 1 when they are aged between 5 and 6 and year 5, when they are aged between 9 and 10. The 2019 report indicates that 17% of children in Year 1 have an overweight or obese weight status, which increases to 29% of children in Year 5. The 2019 Children and Young People’s survey (C&YPS)40 provides insight into a number of elements around children’s diet and activity. For example, 34% of primary aged pupils and 50% of secondary students indicated they ‘never’ or only ‘sometimes’ considered their health when choosing what to eat, with similar proportions of children and young people wanting to lose weight. Only 20% of primary pupils and 16% of secondary students indicated they did activity that would meet NHS Live Well guidelines. Child nutrition and activity is aligned to States’ policy priority areas under the Policy & Resource Plan. For example, a priority outcome of the CYPP is that children should be ‘Healthy and Active - having the highest possible standards of physical and emotional health and leading active lives that promote their long term health’. In the Partnership of Purpose, emphasis is on prevention and supporting islanders to live healthier lives. The Healthy Weight Strategy’s healthy eating pillar (‘Eat Well’) references the need to develop the role of schools in educating the population about nutrition. Active transport such as walking and cycling also supports the integrated transport strategy. There is also a link between the improved health of children and young people and the Committee priority policy, that of improving educational outcomes area which also sits under the Policy & Resource plan. The current Education Law sets out the following statutory provisions which relate to food and activity: a duty for the Committee to contribute to the spiritual, moral, mental and physical development of the community; a requirement that education facilities provided by the Committee include adequate provision for recreation and social and physical training, and a power for the Committee to make appropriate arrangements to transport a child to school. However, unlike other jurisdictions, there is no provision for free school meals.

increased levels of absenteeism, loss of productivity and increased social care needs, together with more direct health care costs. 38 The HIC is an independent charity, with members of staff drawn from various States service areas. It has service level agreements with CfHSC, CfESC and CfE&I, with a remit to deliver community-facing elements of the Healthy Weight Strategy and the Drug and Alcohol Strategy. 39 States of Guernsey, Public Health Services, Guernsey Child Measurement Programme 2019 40 https://www.gov.gg/youngpeoplessurvey

From a policy perspective there are a number of strands that support health and wellbeing, including:  The Primary School Sport Partnership supports PE lessons within schools  Physical development, health and wellbeing is an area of learning in the curriculum  Schools are encouraged to work towards the Guernsey Healthy Schools Award  Policy directive ‘Food in Guernsey Schools’ applies across all States of Guernsey education establishments and includes Guernsey School Food Standards. It seeks to ensure that all food provided by education establishments adheres to these standards, as well as encouraging provision of, for example, advice around healthy lunchboxes, etc.  The Daily Mile which has been introduced by 12 primary schools and some early years settings  The Early Years Sector has been supported through training programmes and health intervention programmes, with a particular focus on nutrition and activity. There are significant drivers for ensuring that children are subject to healthy food and activity levels in and around the school day and this is already recognised even in the absence of explicit legislation. While it could be argued that this indicates no strengthening of the legislation is required, it would be difficult to envisage a future where good, and continuously improving policies and practice in these areas are not the expectation. Other jurisdictions adopt a range of different approaches in respect of healthy eating and physical activity which vary from largely silent, as in Guernsey, to very prescriptive powers and duties. The law in Jersey contains a duty to promote physical development but there is no mention of food and nutrition. In the Isle of Man, the legislation establishes powers for the provision of food and refreshments at State-maintained schools and specifies that the curriculum includes PE. In England and Wales local authorities have statutory powers to provide and charge for school meals and free school meals in defined circumstances. PE is specified as part of the National Curriculum and there are nutritional standards for food and drink provided on school premises. The scope of the new Law will be positioned to include the physical and mental health and the safety, welfare and wellbeing of all learners engaged in education and will require that the educational environment should support children and young people’s health and wellbeing. The objectives of the new Law will reference promoting the development of individual character including emotional and physical development. While PE is specifically referenced in the legislation of other jurisdictions, given the recommendation not to reference specific subjects in the primary legislation it is not proposed to include this detail

in the new Law. However, wording in the curriculum will continue to ensure the protection of learners’ health and wellbeing. The current Education Law specifically requires that ‘primary, secondary and further education facilities provided by the Committee include adequate facilities for recreation and social and physical training’. The adequacy of facilities is of current public interest given the secondary education transformation programme. In England, the law enables schools premises standards to be set out in Regulations which provides flexibility so standards can evolve with developments in practice. It is proposed that the same approach is adopted here and that secondary legislation is used to specify the detail of premises and facilities standards. Section 10 sets out the position in respect of powers for the Committee to provide transport and to determine appropriate distances for students to walk to school. It is important to consider sustainable and active travel options and the legislation of other jurisdictions including England, establishes a duty to promote modes of transport which contribute to health and environmental benefits. It is not considered appropriate to specify methods of transport to be promoted in the primary legislation as this would be too restrictive. Instead, this would be covered in policy, alongside appropriate walking distances. Any such policies should have due regard to the objectives of any States on- island transport strategy currently in place (or other relevant established States approach to transport. It is intended that the new Law contain a section that sets out the duties of all those involved in education to safeguard children from harm. In line with the proposal in section 18.7 for schools and settings to have in place policies and practices that safeguard children and young people, this requirement will extend to policies which actively support and promote the health of learners and the wider school community and it will also be a requirement that such policies and practices will be regularly reviewed and updated. Summary  The Principles detailed in the new Law will reinforce that learners’ experience in the educational environment should support their health and wellbeing  The new Law will enable secondary legislation which will set out requirements for the provision of suitable premises for recreation and physical activity in States’-maintained schools  Policy and guidance will have due regard to the objectives of any States on-island transport strategy currently in force  The new Law will not prevent potential future expansion of school meal provision, or the introduction of free school meals should this emerge as a policy priority.

Data sharing The scale and extent of data collection undertaken by the States has evolved since the existing education legislation was enacted and this expansion, coupled with data protection regulation has created opportunities to share relevant information appropriately across services to ensure that effective and informed decision making underpins service improvements. For example, CfESS holds data regarding recipients of clothing grant and uniform allowance which helps the Education Office to measure progress and attainment of learners in vulnerable groups and the success, or otherwise, of initiatives and interventions. Data sharing, for the purposes of safeguarding, is covered by Section 27 of the Children (Guernsey and Alderney) Law 2008 which places a duty on States employees, and others, to take such action as they think is needed when they reasonably believe a child they are working with is in need. This includes the disclosure of information. Specific learner data will continue to be required as part of the routine delivery and management of schools and services. Typically schools capture demographic data about students’ health and education, including attendance, progress, attainment and behaviour. Registration and attendance records are used to support referrals to specialist services and may be used in follow up proceedings to determine if parents/carers are fulfilling their legal duty. Some data processed is classified as special category data under data protection legislation. The Education Office currently relies on its policy, Schools Information Management System (SIMS) for specifying which data is required as part of service delivery. However this policy does not cover non-States or post-16 provision outside of the Sixth Form Centre. There is a need to consider the benefits of including specific requirements in Regulations or through the use of operational policy to collect and maintain data. Having an express duty in the new Law for the governing body, or other authority to collect and maintain data as specified in policy would ensure that these requirements cover all phases and sectors as appropriate but allow for flexibility as education provision in Guernsey evolves. The new legislation offers an opportunity to ensure that there is a lawful basis for the collection and processing of data which enables the Committee and the Education Office, including schools and central services, to monitor, review and make decisions and not need to rely on consent. Summary  The new Law will establish a duty for governing bodies or other relevant authority to collect and maintain data in order to support effective safeguarding and the delivery of education services.  Regulations and policy will provide a definition of the data which can be collected and processed. This definition will extend beyond that which is

in the Pupils' Registration (Guernsey) Regulations, 1970 to include ethnicity, SEND, uniform grant and any other factors that the Committee may require.  Policy will set out clear expectations about the reporting that would be furnished by education providers including their reporting cycle and measures, inspection outcomes and results. Reporting Section 54 of the current Education Law makes provision for annual reporting by the Committee. Between 2010 and 2016 an annual report was published which included information on activities across the schools, College of Further Education and the Education Office as well as a statistical digest. Since 2016, the Committee has reported through the annual Policy and Resource Plan cycle and through other States of Guernsey publications, for example the Facts and Figures publication, the Poverty Report and various media releases on exam results. Retaining a reporting duty in the new Law has the advantage of providing transparency and assurance for the community. It would also require schools, and their governing bodies, to have effective reporting mechanisms in place, which is recognised as key in driving school improvement. It is not considered appropriate for requirements to be included in the primary legislation; rather they should be specified in regulation or policy as necessary. Reported data will need to be accessible and available for use as part of the inspection process and importantly inspection reports should be published. It will be key to ensure a balance so that any reporting duty established in the new legislation is proportionate, timely and relevant. Although not included as a right in the existing legislation, those with parental responsibility for a learner of compulsory education age already receive reports of progress from an educational setting, at least annually. In other jurisdictions, including England, Northern Ireland and Jersey, this is specified in law as a right. Changes to the governance arrangements provide an opportunity to formalise this entitlement and clarify responsibilities. Usual practice is that schools continually update parents and carers on all aspects of a student’s education and it is anticipated this will continue. The frequency of formal reporting requirements will be determined by regulations made by the Committee. The new Law offers an opportunity to strengthen the reporting requirements for educational settings, services and the Committee. This will support accountability, transparency and performance and also enable appropriate and lawful processing of learner and school data. Summary  The new Law will include a duty for the Committee to report annually to the States in respect of education services. The annual report will include information on the school population in Guernsey and Alderney,

assessment, attainment and participation rates, key developments in the services provided; key performance indicators and any other data considered appropriate.  Secondary legislation will detail the duties of the governing body or other relevant authority and will include requirements for education providers to report to the Committee to enable the annual reporting duty to be fulfilled.  The new Law will set out a right for parents and carers of students of compulsory education age or below attending States or independent education establishments to receive regular and adequate information concerning the progress, assessment outcomes and other information which will be set out in regulation.

Registration of Teachers The current Education Law does not contain any details on teacher registrations or qualifications. The only reference to teacher appointment is in Section 9 which states that ‘in every States’ school and, subject to the provisions contained as to religious education, in every voluntary school, the appointment of teachers shall be under the control of the Committee, and no teacher shall be dismissed except by the Committee. The Policy & Resources Committee is accountable for the employer function for all States of Guernsey employees. In Guernsey, the arrangements governing the employment of teachers in maintained schools are the product of policy developed over time by various Education Committees. There is nothing included in the current Education Law and, therefore, no statutory regulation of it. To teach in States- maintained schools in Guernsey and Alderney a candidate must have completed a training programme that leads to Qualified Teacher Status (QTS) or QTLS (Qualified Teacher Learning and Skills); however, there are a small number of staff who do not have QTS status who are teaching in other educational settings. Staff in Further and Higher Education tend to have technical qualifications, and work towards a teaching qualification. As part of pre-employment checks, all staff who are employed in States- maintained schools are subject to an enhanced Disclosure and Barring Service (DBS) check and verification of teaching qualifications such as QTS. The States of Guernsey funds the initial DBS application and, thereafter, employees are required to maintain their accounts on-line at their own expense through the DBS Update Service41. All teachers who are practising in Guernsey’s States- maintained schools are, as far as is known to the Committee, individuals who are qualified under UK

41 https://www.gov.gg/GVB

regulation under the UK system delivered by the Teaching Regulation Agency (TRA)42. The TRA’s responsibilities extend to verifying any UK teaching qualification; barring from the register; and confirming that a teacher has passed their induction year. If teachers have qualified outside of the UK, they are advised to contact the DfE to have their international qualification accepted and entered on to the TRA register. Guernsey has published its own teacher standards which are known, understood and practised within States- maintained schools, but this is a matter of policy and is not underpinned by any statutory legislation. The absence of statutory regulation in Guernsey means that theoretically anyone can practise as a teacher and advertise their services for teaching or tutoring, whether they have completed a recognised training course or not. There are challenges associated with ensuring the safety of students and validating the level of qualification applied within a private setting. For example, it would be possible for someone who has been struck off the register in the UK to practise in Guernsey in the private sector, typically to advertise as a private tutor. If the individual works through an agency or an employer, the fact that they have been struck off should show up in any pre-employment checks. The majority of teachers employed in Guernsey have qualified in the UK before coming to Guernsey. A new on-island teacher-training course delivered in partnership with Middlesex University will start in the autumn of 2020 and will enable participants to teach outside of Guernsey and unlike the previous qualification will therefore lead to QTS status. Having access to the UK registers when recruiting is therefore extremely helpful. In the UK, details of qualified teachers are held on a statutory register. Regulations provide that specified work may be carried out in a maintained school by a qualified teacher only if he/she holds full registration. To practise in England and Wales a candidate must have completed a training programme that leads to QTS and similar arrangements are also in place in Scotland and Northern Island. Registers are maintained in these jurisdictions showing a teacher’s status. In England and Wales QTS can be gained by following a variety of approved Initial Teacher Training (ITT) programmes. A ‘qualified teacher’ is defined as a person who satisfies requirements specified set out in Regulations. The Regulations also specify work that may not be carried out by a person in a school unless they are a qualified teacher. The situation is similar in other jurisdictions. The Teachers’ Standards provided by the DfE have a statutory basis in the UK and were introduced in September 2012. They provide assessments for trainees and the performance of teachers43 and must be followed unless there is a good

42 The Teaching Regulation Agency (TRA) has previously been known as a QTS, GTC, DFE, DfES or DCSF number 43 Schedule 2 of The Education (School Teachers’ Qualifications) (England) Regulations 2003 and The Education (School Teachers’ Appraisal) (England) Regulations 2012

reason not to. The standards define a minimum level of practice for trainees and teachers for progression and for professional development and set the conduct for the profession. The standards are underpinned by the personal and professional accountability of each trainee or teacher for maintaining the ‘core professional standards’44. ‘Teacher Services’ is provided by the DfE and is used for recruitment purposes in the States of Guernsey to undertake pre-employment checks on the status of teachers. Teacher Services can be used prior to appointing a teacher to check for:  the award of qualified teacher status (QTS)  successful completion of an NQT year  prohibitions, sanctions and restrictions that might prevent the individual from taking part in certain activities or working in specific positions Some countries including New Zealand require regular re-registration of teaching professionals. This is in line with other professionals such as nurses who have to undertake revalidation of their nursing registration. To be legally entitled to teach in New Zealand, teachers are required to complete compulsory registration every three years in order to possess a current practising certificate. The English register facilitated by Teacher Services can be used to view the individual record of any teacher, including any trainee, newly qualified, or fully qualified teacher. It is possible to view a teacher’s personal details and qualifications; to confirm they have been awarded QTS and to check successful completion of an NQT year. It also provides information on any prohibition, sanction or restriction that may affect their ability to carry out certain activities, and grants entitlement to view details of professional conduct panel’s determination and to identify potential restrictions imposed by the DBS. A Guernsey registration requirement for teachers would potentially strengthen the central governance function and increase transparency. In a new governance model with greater devolvement with individual schools potentially responsible for their own recruitment, a central registration system which is part of a single central register would strengthen governance and safeguarding. It is proposed that the new Law makes provision for powers to be established in secondary legislation to include a requirement for all teaching professionals practising in the public or private sector in Guernsey to be registered on a central register. It is anticipated the secondary legislation would also include what would constitute consequences for those who take up positions and who are not registered and other associated matters. Teacher registration acknowledges teaching as an important profession. As in other professions that require registration, such as medicine, law and nursing,

44 Previously published by the former Training and Development Agency for Schools

registration highlights the unique professional qualifications, knowledge and skills required and provides assurance to employers, parents and carers and children and young people that teachers meet a national standard. Registration of teachers is common to all the UK education authorities. Those organisations seeking to employ teachers from these jurisdictions can access details on teachers prior to their employment to ensure that the candidates hold relevant qualifications and that there are no potential safeguarding issues flagged. A registration system in Guernsey would ensure that only appropriately qualified and suitable people are employed as teachers. This contributes to protecting educational standards, learner safety, and upholds the reputation of the profession. If a register was public it would also enable the public to undertake their own research in respect of ‘private’ provision to provide assurance and to make informed decisions. The award of QTS and other teaching qualifications brings with it an entitlement to be paid on the teacher’s pay scale and accountability under the performance management arrangements. The new Law and any associated regulations may help to make this explicit, either in support of other sections of the new Law or if there is no reference elsewhere. The States and the Committee have effectively carried out the recruitment and employment checks as part of their duty to provide an effective and efficient education service and it is therefore possible to carry on as before without any express powers in the new Law. Equally there are benefits to including appropriate and relevant powers in the new Law to introduce a formal registration requirement to bring Guernsey into line with best practice elsewhere. Summary  The new Law will include enabling powers for secondary legislation for the establishment of a central register of teachers and any associated central registration system.  The requirement to be registered will apply to teachers in all States- maintained and independent schools. 19 Accommodation (Board and Lodging) Section 40 of the current Education Law enables the Committee to provide accommodation outside of a school, where it is necessary for a pupil to attend the best school for them in terms of their age, ability, aptitude and needs. Section 42 enables the Committee to recover costs from parents provided it does not cause financial hardship. The 2008 Children Law contains various obligations in respect of the accommodation of children for CfHSC. The ‘Children (Placement out of the Jurisdiction) (Guernsey and Alderney) Regulations, 2013’ set out procedures and responsibilities for both CfHSC and the Committee in cases of off-island

placements. The CfHSC is responsible for monitoring any arrangements whereby an individual fosters children in Guernsey. The Term Time Host Service (TTHS) assists those parents from Alderney, Herm and Sark whose children attend a school in Guernsey to obtain suitable accommodation for their child during the school term. At present, there are 3045 children being accommodated, the majority of whom fall into the post-16 bracket. In future, the number of 11-16 year olds from Alderney is likely to gradually fall away following the removal of the eleven plus; however it is possible that more students from Sark arrive to take up secondary education. Since January 2009, the TTHS has been run by CfHSC with no involvement from the CfESC. The TTHS is responsible for the recruitment, assessment and approval of Term Time Hosts, as well as matching and monitoring of placements. However, while the TTHS facilitates the process, any placement of a child with a host is an arrangement between the child’s parents/carers and the host themselves. It is not considered accommodation provided by, or a ‘placement’ made by, CfHSC and the hosts are not considered to be CfHSC foster carers. Parents and carers and CfHSC contribute to the payment of hosts for learners from Alderney and Herm, but not in the case of Sark. Under the existing arrangements, it is possible for some parents/carers to organise accommodation privately, without facilitation through the TTHS. In England, statutory guidance ‘Keeping Children Safe in Education’ indicates that where schools become aware of ‘private fostering’ arrangements, these should be brought to the attention of the local authority, to enable checks to determine that the arrangement is safe and suitable for the child or young person. Contact with officers from Children and Community Family Services has indicated that it would be beneficial to include such a provision locally. A ‘Complex Needs’ panel, run jointly by CfHSC and the Committee, considers off- island placements for children, with a shared budget to fund placements. It is rare that a child needs to be placed off-island solely for special educational needs (SEND); when children with a Determination of SEND are placed off-island, it is normally because there are also wider health and social care needs. Currently there are three children and young people in this category. Regardless, those placed off-island have educational needs and they may potentially board at, or outside, a school. There continue to be circumstances in which children board in Guernsey, or off- island, in order to access education suitable to their needs. There is close collaboration with the CfHSC in this respect. CfHSC has the operational responsibility and budget to assist parents/carers of children from other islands in the Bailiwick being educated in Guernsey to make suitable arrangements

45 Alderney: 20 children of post-16 age; four of secondary age (two of whom are fee payers at the colleges, where the States does not make financial contribution, but does oversee the suitability of the placements) Sark: Three children of post-16 age. Herm: Three children between the ages of 11 and 18

regarding their accommodation. However, the Committee has involvement in cases where a child is placed out of jurisdiction It would appear to be appropriate to maintain a permissive power for the Committee around the provision of board and lodgings when it is satisfied that it is required by the learner. Interaction with CfHSC’s responsibilities and other pieces of legislation should be considered during drafting to ensure a fit with duties, powers and provisions elsewhere. Some existing elements such as specifying board and lodging outside of a school and the religious denomination of the person with whom the child will reside could be removed as these would be matters taken into account by officers when making accommodation arrangements. It is also proposed that a power to charge or recover costs from parents/carers where it does not cause hardship is retained as this would provide flexibility for the future. Summary  The new Law will maintain a power for the Committee around the provision of board and lodging when it is satisfied that it is required by the needs of a learner.  The new Law will retain a power to charge or recover costs from parents/carers where it does not cause hardship. 20 Research Section 51 of the current Education Law grants the Committee the power to conduct educational research if it appears that such research would be desirable for the purpose of improving the educational facilities provided by the States. Section 52 states that the Committee may organise or participate in organising conferences for the discussion of questions relating to education. Additionally, the Committee is also empowered to finance such conferences, including the expenses of any authorised person to attend one. This is aligned with powers in similar jurisdictions including England, Wales and Jersey.

While the provisions are permissive and can be widely used to facilitate educational development, it could be argued that both the expenditure on attendance at educational conferences and conducting educational research could be seen as a fundamental part of the Committee’s mandate and therefore not required in primary legislation. The legislation of other jurisdictions which contains similar provisions specifically empowers another authority to conduct research or attend educational conferences. This is a different context to Guernsey where the States acts as both government and local authority. It is therefore intended that the provisions are not maintained in the new legislation. Summary  The new Law will not include the powers contained in Sections 51 and 52 of the current Education Law which enable the Committee to conduct

educational research and facilitate educational conferences. 21 Rights and responsibilities This policy letter has set out a number of proposals to make clear the rights and responsibilities of parents, carers and learners. The table below summarises these proposals in respect of legislation and policy.

Parent Parent Learner Learner

(Law) (Policy) (Law) (Policy) Right Right to access to a statutory system of public   education (whilst of compulsory education age) Right to appeal decisions made under the law including: − Admissions  − Determination  − Placement  − Exclusion  Right to access Grants (or other loans/financial   awards) Right to request an assessment (for SEND)  Right to submit such information as the parent/carer may wish within such time as may be specified in the  notice for attendance of a child for assessment Right to make representations to the Committee  within such time as may be specified in the notice Right to make representation on the proposed  determination before determination is finalised Right to receive regular and adequate information concerning the progress, assessment outcomes and  other information set out in regulation. Right to withdraw from collective worship   Right to withdraw from SHARE  Right to withdraw from religious education    Right to an education in an environment which   promotes and encourages safeguarding and welfare Right to medical inspection and treatment (medical,  dental and wider health services) Right to object to medical inspection and treatment  (medical, dental and wider health services) Right to home educate (and to have access to equivalent HSC services e.g. dental screening)  (subject to agreement)

Parent Parent Learner Learner

(Law) (Policy) (Law) (Policy) Right to not consent or withdraw consent to   referral/assessments by services (such as EPS) Right of parents/carers, within the limits of the delivery of an education system, to have their wishes  taken into consideration with regard to their child’s education Right to educational provision to meet SEND   Right not to be subject to corporal punishment  Right to apply for uniform grant  Right to access to a broad and balanced curriculum   Right to transport (subject to conditions)   Right to access to funding for clothing  Responsibilities To ensure that a child of compulsory education age  receives a suitable full-time efficient education To ensure regular attendance  To take regard of policies (e.g. uniform, Acceptable   Use etc.) Table 3: rights and responsibilities of parents, carers and learners

Key:

 Is proposed to be in the new Law Exists in the current Education Law or policy but is proposed to be omitted from  the new Law or policy

22 Financial implications The work undertaken to inform proposals for the new Law has provided an indication of some of the financial implications necessary to implement them. However, in some cases the financial implications are very specific and dependent on decisions which will be made following additional work, for example the timeline over which a new governance model could be adopted. In these instances it is not considered appropriate to make assumptions at this stage and a deeper cost analysis must be undertaken in order to fully understand the breadth of the costs related to those particular options. Detailed costings relating to these very specific decisions will be addressed at a later date in a subsequent Policy Letter once that work has been undertaken.

However, there are three immediate cost implications that will be triggered by the draft propositions on commencement of the new Law. These are; funding the statutory duty to have a specific role responsible for education outcomes of Looked After Children (LAC); the funding of early years pre-school provision if it

is included in primary legislation; and, there will be additional costs to administer a Home Education Roll and to allow home educated learners to access formal examinations free of charge supported by a dedicated post of a Home Education Officer. It is possible that some of the deliverables, for example a specific role responsible for the education outcomes of LAC will provide direct and indirect future cost savings through early dedicated intervention. The estimated immediate additional annual cost is between £100,000 and £140,000 per annum.

The future potential cost implications are dependent on the options that are explored and policy decisions that are made related to the secondary legislation and polices. Any cost implication from the need for secondary legislation would be set out in detail in the associated policy letter.

It is anticipated that these cost implications would include; proceeding with participation age; consideration of the Alternative Provision offer; Transport costs, should the Committee broaden its policy; the creation of an independent appeals body as the tribunal would be remunerated and administered; and, additional resource requirement costs to amend the age range for children with additional needs.

23. Resource Implications 23.1 In order to deliver the changes outlined in this report containing proposals for the primary legislation, further development work needs to be undertaken to ensure that some secondary legislation is ready to implement at the same time as the primary law is commenced.

23.4 Policy development to progress the enabling powers provided by the primary legislation will be dependent on the priorities of a future Committee. If a future Committee were to pursue enabling elements of the new Law, for example participation age then there would be a requirement for additional policy officer support. This support would need to develop policy specifically related to the resolutions and the new Law whilst ensuring the relevant level of stakeholder engagement, communication and change management required. The resource requirements will depend on the scope and timeline of the work required.

24. Legislation Implications 24.1 Following consideration of the policy decisions by the States, the primary legislation can be prioritised for drafting.

25. Timeframe 25.1 The timeline will be dependent on the priorities of a future Committee. It is the ambition of the Committee for the legislation to be drafted and the new Law enacted by the end of 2021, subject to the legislative prioritisation process and to Her Majesty’s Royal Sanction.

APPENDIX 1 Guernsey’s Education Law Review The Public Response to the Consultation Document March 2020

FORWARD FROM THE COMMITTEE PRESIDENT

Earlier this year the Committee for Education Sport and Culture ‘the Committee’ published its consultation document, Education Law Review.

The key piece of legislation governing the organisation and delivery of education in Guernsey today is the Education (Guernsey) Law, 1970 (the ‘Education Law’). Despite the Education (Amendment) (Guernsey) Law 1987 modifying the legislation, the current law is not a reflection of modern education standards and systems. Modernising our Education Law is a crucial step towards fulfilling the vision of the Committee and achieving an efficient and inclusive education framework which measures up against 21st century standards and expectations.

The consultation process resulted in over 500 responses from a wide range of individuals and a number of organisations. As part of its communication plan, the Committee pledged to produce a report summarising the responses, which were generated through the consultation process. This report provides a key reference point for the public as the work to develop a new Education Law for Guernsey continues.

During the consultation period a number of presentations and discussions with formal associations for the education profession took place with more planned in the next couple of months.

Overall just over 500 responses were received, reviewed, analysed and presented to the Education Law Working Group and the Committee to help shape and inform proposals for the new Education Law. This document summarises the results of the survey and of the feedback received through discussions and separately submitted responses. The views are varied and reflect the different perspectives that respondents provided.

I would like to thank everyone who participated in this consultation process.

Deputy Matt Fallaize

Introduction

The Committee for Education Sport and Culture published its consultation document to seek public comment on the long-awaited reforms to the outdated Education Law on 10th February 2020. The consultation was released online through Survey Monkey with paper copies available on request.

484 responses were received through the online questionnaire which was open to anyone and was available throughout the consultation period (10th February to 9th March 2020). In addition to the online questionnaire, a number of paper consultation responses were received.

This was not a purely statistical survey, but a public consultation to enable interested parties to have the opportunity to provide feedback and their view rather than provide a representative sample of all Islanders’ views. Of the online responses the largest number of respondents was 37% who identified themselves as parent/carers, 30% were answering as educational professionals and 25% as members of the public and 43 responses were from those who were providing a response as part of an organisation. A number of those responding as ‘other’ identified themselves as Grandparents. Only 1% of the responses received were from learners.

It is appreciated that there was a degree of frustration over the length of the survey, with feedback received that either the survey was too detailed and too long, not detailed enough or not consistent in the level of detail through the survey. The questionnaire was designed to cover a large number of complex topics with a level of depth that could be understood by everyone. Not all respondents answered every question. Each section of the questionnaire provided for a free text response and a summary of the responses received is shown below.

In what capacity are you responding? 40.00%

35.00%

30.00% Responses 25.00%

20.00%

15.00%

10.00%

5.00%

0.00% Learner Parent/Carer Education Member of the Organisation Other (please professional general public specify)

Analysing the Responses

This report contains a summary of the responses that were received.

The Committee’s consultation process sought to gauge people’s views about the statements set out in the consultation documents. As expected, a wide and diverse, often polarised range of responses were received which have come about based on different people’s understanding of the subject and their own knowledge, situation and experiences.

The report contains some ‘statistical’ information showing how many people supported the various statements and responded to the questions. Each section also contains a summary of other points that were raised in response to each of the proposals. This highlights where people disagreed with particular proposals or options and includes any alternatives that were suggested and also a summary of the general level of support, or otherwise, for a particular proposal.

Some organisations have taken the opportunity to comment and provide a very detailed response. The Committee is grateful to receive input from those organisations who have an understanding of specific elements of work.

The number of responses to each statement is detailed in white on the graphs. The numbers do not include the written submissions as they were all provided as free text.

Question 1: Inclusion:

 218 respondents answered yes/no  96 respondents skipped questions  34 online written responses

Do you agree with the below statements? It is proposed that the new primary legislation: 100.00% 90.00% 80.00% 70.00% 204 203 204 189 177 60.00% Yes 50.00% 40.00% No 30.00% 20.00% 10.00% 0.00% Should set out an Should adopt a child- Should use Should not use Should integrate overall direction in or learner-centred terminology and terminology and relevant SEND terms of inclusion approach. definitions that allow definitions that provision and equality of for inclusion. inhibit inclusion. considerations in the opportunity. new law, rather than segregate them into a separate section.

1.0 The majority of respondents supported a direction of inclusion and equality of opportunity to enable a learner-centred approach.

1.1 Requests for ‘inclusion’ to be defined as it can be used in a number of different ways.

1.2 The majority of respondents commented that they considered it best that schools, appropriate agencies and those involved with an individual child should work more closely to meet the child’s needs.

1.3 A minority of respondents raised concern about how much it might cost to deliver an inclusive education provision and whether it is aspirational but not deliverable.

Question 2: Governance:

 204 respondents answered yes/no  110 respondents skipped questions  45 online written responses

Do you agree with the below statements? 100.00% 90.00% 80.00% 70.00% 167 188 189 Yes 60.00% 50.00% No 40.00% 30.00% 20.00% 10.00% 0.00% Schools should have greater Membership of any new governing New governing body/bodies’ flexibility and responsibility for body/bodies in education should members should be recruited their own affairs (for example: be diverse and reflect the school based on skills and experience. finance, human resources and community that is represented. facilities management).

2.0 The majority of respondents were in support with only 3 respondents providing written comments against schools having greater flexibility and responsibility.

2.1 A minority of respondents raised concerns that if Governors were to be recruited centrally or shared across a number of schools that this would lead to competition between schools which is not currently the case.

2.2 A couple of respondents commented that increased accountability and flexibility for schools would be a move in the opposite direction to the rest of the States of Guernsey that is centralising the IT, HR and Finance functions to reduce costs, create greater efficiency and improve outcomes.

2.3 Several respondents stated that it is important that with increased flexibility and responsibility, accountability is not lost whilst reflecting on the appropriate way to ensure schools are held to account without it being burdensome and time consuming.

2.4 An additional observation made commented that there are benefits to being able to access a central HR or Finance support service from a Local Authority or States department to ensure consistency of advice. One specific benefit mentioned by a respondent is the advantage to the schools on Guernsey that the salary costs are not devolved which allows schools to recruit based on the merits of the teacher rather than the cost of the teacher to the school. 97

2.5 The majority of respondents indicated that Governors should be trained and recruited based on relevant skills and experience with a representation of stakeholders.

2.6 One respondent raised the need for consideration of the positive impact on the quality of education for our young people against the cost of implementing and managing the system and the bureaucracy that it could create for schools to manage.

Question 3: Universal Entitlement

 197 respondents answered yes/no  184 respondents skipped questions  28 online written responses

Do you agree with the below statements? 120.00%

100.00%

80.00%

188 171 60.00% Yes 40.00% No

20.00%

0.00% Educational opportunities must be Access to compulsory education age available and promoted to all Guernsey should be defined by way of universal residents irrespective of their race, sex, entitlement. age, social or other status.

3.0 Over 94% of people agreed with both of the above statements however some respondents commented that the second statement was confusing.

3.1 Several respondents commented that they did not agree with compulsory education to the age of 18. The proposal for compulsory school age is up to age 16.

3.2 Several respondents were concerned about the impact of ‘compulsory education’ on ‘home educated’ children to also ensure that home educated children do not miss out on Education Services/funding/GCSE exam settings etc.

3.3 A couple of respondents thought that children within the compulsory school age range should not be required to take exams and should be able to leave school before they are 16 to move into apprentice schemes or on the job training positions.

3.4 There was a submission that the current focus on wide academic skills is disadvantaging those who need a more ability focussed approach in education and that this might be perpetuating poor behaviour in less academic students who are bored or disillusioned with their learning as they struggle to understand it.

3.5 Several respondents wished to ensure that all children’s needs can be met and catered for so that some children do not leave school prematurely with no qualifications.

3.6 However, it was recognised that there should be an upper age limit for SEND children/young adults, who benefit from extended schooling/access to education, in a structured environment, in order to better prepare them for independent life outside of school.

3.7 Several responses mentioned Attainment 8/Progress 8 and suggested that it is limiting courses available to students.

3.8 There was also a concern that these responses would be manipulated by the Committee for Education Sport & Culture to best suit their modelling.

Question 4: Compulsory Education Age

 178 respondents answered yes/no  136 respondents skipped questions  40 online written responses

Do you agree with the following statements? 90.00%

80.00%

70.00%

60.00% Yes 50.00% 141 133 101 122 No 40.00%

30.00%

20.00%

10.00%

0.00% The term ‘Compulsory Compulsory Education There should be no formal Compulsory Education Education Age’ should be Age should be defined as deferral provision for Age should not extend to used instead of being from the beginning summer-born children. include pre-school. ‘Compulsory School Age’. of the school year in which a person attains the age of 5 until the last Friday of June in the school year in which that person attains the age of 16 years.

4.0 There was a relatively balanced mix of respondents in support of the option to provide for summer born children to defer the start of school or flexibility in system to those who thought that there should be no provision for this.

4.1 One of the respondents gave the suggestion of having flexible age cohorts based on stage and need rather than age to allow children to develop at different paces and ages.

4.2 The comments received were polarised with some respondents in favour of a quality pre- school provision as part of compulsory education age as they considered it essential to provide the best individual outcomes for the compulsory phase of education and other in opposition of this proposal. This included a suggestion that the free pre-school offering should be extended or increased.

4.3 A specific date of the last Friday in June for the defined end date of compulsory school age was considered by a minority of respondents to be an unnecessary constraint, creating inflexible timetabling for schools.

4.4 Several respondents suggested that compulsory education age should start later, for example starting at age 7 the same as other European countries.

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4.5 Mixed views were received from respondents on compulsory education age from those suggesting it should end at age 14, to others recommending age 18, but this is maybe because there is mixed understanding about compulsory school age and the proposal for provision of participation age .

4.6 Of the respondents who provided feedback many expressed support for the introduction of participation age up to the suggested age of 21 or 25.

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Question 5: Participation Age

 166 respondents answered yes/no  148 respondents skipped questions  25 online written responses

Do you agree with the following statement?

90.00%

80.00%

70.00%

60.00% 129 Yes 50.00% No 40.00%

30.00%

20.00%

10.00%

0.00% The new education law should allow for secondary legislation to specify access and entitlement to participation and qualifications beyond compulsory education age.

5.0 Mixed views were received with some respondents in support of participation age and the opportunity for continued learning with others opposed to it being introduced.

5.1 Several of the community responded that based on the introduction of participation age in the UK there would need to be more research done in relation to Guernsey, looking at how it could be successfully delivered to ensure the right funding and infrastructure is in place to appropriately accommodate those that might have previously left at 16.

102

Question 6: Age Range for SEND Learners

 248 respondents skipped questions  66 online written responses Do you agree with the below statement?

What do you consider are the advantages and disadvantages of including age ranges for SEND education in legalisation?

6.0 The main theme from all respondents was that if SEND is included in the legislation it is perceived that it would create greater equality of opportunity including funding, provision and levels of support.

6.1 Several respondents provided feedback in support of an extension to the age range for SEND students in education.

6.2 Other suggestions included the introduction of a formal statutory assessment and specific individual education plan.

Question 7: Early Childhood Education (ECE)

 134 respondents answered yes/no  180 respondents skipped questions  24 online written responses

103

Do you agree with the following statements? 80.00%

70.00%

60.00% Yes 50.00% No 99 79 40.00%

30.00%

20.00%

10.00%

0.00% The current ECE provision should be detailed in Any variation to the conditions on entitlement should primary legislation and a Committee duty should be be determined by the Committee in policy. established to promote preschool provision.

7.0 The majority of written responses suggested that pre-school provision should not be compulsory but that measures should be in place to ensure it is available and accessible to all families.

7.1 A small number of respondents considered that access to good quality early years provision should be provided for all and should be provided for in the legislation so that it is not prone to future political differences of opinion.

104

Question 8: Special Educational Needs and Disabilities (SEND)

Learners with SEND – Terminology

 131 respondents answered yes/no  183 respondents skipped questions  22 online written responses

Do you agree with the following statements? 100.00%

90.00%

80.00%

70.00% Yes 60.00% 110 97 93 104 No 50.00%

40.00%

30.00%

20.00%

10.00%

0.00% The new law should use The phrase “appropriate The phrase “Barrier(s) to “Special Educational modernised terminology educational setting based education” should Needs” should be for SEND learners. on the needs of the child” replace “Learning broadened to “Special should be used instead of difficulty”. Educational Needs and “Special Educational Disability” or “SEND.” Provision.”

8.0 A number of respondents suggested that:

o The term ‘learning challenges’ could be used as the word ‘barrier’ could be perceived negatively; o ‘Learning difficulties’ is better than ‘barriers to education’ as it could be viewed as opposite to the promotion of inclusion and equality. o The preference would be to use the term ‘additional needs’ rather than ‘special needs; o The word ‘needs’ should be used instead of ‘disability’.

8.1 The responses received ranged from absolute support for the careful consideration of the language used within the legislation and policy, to those that did not believe that the semantics of the language should be considered or consulted on.

105

Is there any element of the 1987 Law that is specific to SEND that you would specifically wish to be carried forward into the new law?

 303 respondents skipped questions  11 online written responses

8.2 One respondent highlighted the need to ensure inclusivity so all children could have equal opportunity to participate.

8.3 A couple of respondents suggested that the placement of a child should always be based on an assessment of child’s needs with a multi-agency approach which should be supported through legislation rather than being advisory.

Question 9: Assessments

 122 respondents answered yes/no  192 respondents skipped questions  22 online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% 114 114 Yes 60.00% 110 No 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% There should be a legal duty on the The assessment process should Parents and carers who disagree Committee to ensure that a consider each child’s needs in a with the outcome of an assessment process exists to identify and spirit of collaboration with the process should be able to appeal. assess SEND learners, and parents and carers, and take into determine the best educational account the wishes of the child. provision for each individual. The provision should be reviewed on a regular basis.

9.0 Of the handful of respondents that provided a written response to this question the majority were in support of the proposals and with the detail set out in the SEND Code of Practice supported by the fundamental requirements for assessments of need,

106

including in broad terms, the procedure to be followed for assessments, rights of appeal against decisions, the production of reports and the ways in which identified needs should be met in practice to be provided for in primary legislation.

9.1 A couple of respondents made further suggestions that the educational placement should refer to the child not just the placement and that if the specific plan for the child includes any agreement on additional resources or accommodation that agreement should have legal force and an appropriate appeal process.

9.2 Suggestions from respondents included comments regarding the inclusion of the child’s wishes suggesting consideration should be given to the child’s ability to express their wishes and understand the consequences.

Question 10: Scope of Responsibility

 122 respondents answered yes/no  192 respondents skipped questions  14 online written responses

Do you agree with the following statements? 90.00% 80.00% 70.00% 60.00% 50.00% 169 167 167 Yes 40.00% No 30.00% 20.00% 10.00% 0.00% The Committee’s responsibility in A duty for the governing bodies of Private schools should be required respect of SEND learners who are independent schools should be to share their SEND registers with outside of state schools should established, requiring them to the Committee for Education, include assessment of learners provide SEND educational support Sport & Culture. who are brought to the attention and services in independent of the Committee, and providing schools at the schools own cost. guidance.

10.0 Of the small number of written responses to this question the responses in support of the proposals and those not in favour of them were evenly balanced in number. Those in support of the proposals were clear in the responses provided that it is a core duty of the States to ensure that all children and young people with SEND can access the

107

support they need to remove any barriers to achievement and that this duty should extend to all children and young people, regardless of the type of setting in which they are educated. Those respondents opposed to the proposals requested further consultation and details on how this would work in practice.

108

Question 11: Behaviour and Bullying

 118 respondents answered yes/no  196 respondents skipped questions  29 online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% Yes 60.00% 112 83 50.00% No 40.00% 30.00% 20.00% 10.00% 0.00% Legislation would require schools to have policies The Committee should be able to issue statutory or and practices in place to safeguard and promote the non-statutory guidance on behaviour and bullying to wellbeing of learners, including in particular schools. encouragement of good behaviour and prevention of bullying as far as practicable.

11.0 The 29 written responses ranged from respondents that did not think it would be appropriate for behaviour and bullying to be included in the primary legislation as it should be managed by school leaders, to a response that suggested this proposal would be welcome but that there are other dimensions of behaviour-related policy and practice that should be underpinned by primary legislation as the current legal provisions in respect of these aspects are not adequate. Particular issues in this respect include:

o Use of force, restraint and restrictive interventions; o Confiscation of offensive weapons and other prescribed items and substances; o Powers to search pupils; o Addressing pupil behaviour away from school sites; and o Tackling the misuse of social media by pupils, their relatives or their present or former associates.

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Question 12: Exclusions

 116 respondents answered yes/no  198 respondents skipped questions  26 online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% Yes 60.00% No 50.00% 40.00% 71 103 89 30.00% 20.00% 10.00% 0.00% There should be no power There may be circumstances The language associated with permanently to exclude a learner where learners would move to a exclusions in the new law should from the universal entitlement to different setting most suited to be reviewed and updated education included in the new law. their needs. It would be managed reflecting, terminology/language sensitively involving appropriate used in the articles of UNCRC. stakeholders. A move to specialist provision would need to follow formal assessment processes.

12.0 There was no general theme to the responses to this question and a variety of responses to the three proposals on exclusion were received, ranging from a view that permanent exclusion is absolutely necessary, to full support for the proposals from a greater number of written responses.

12.1 Respondents felt that the definition of what is meant by permanent exclusion should be more clearly defined.

12.2 Some respondents supported the proposals that as a last step after other mechanisms have been tried a school should be able to broker a managed move to another school locally or alternative education provision, but that exclusion from education should not be allowed. A couple of respondents felt that flexibility, alternative provision and options post year nine are particularly important in order to pro-actively capture those children for which school is a challenge. Suggestions included an outreach service through Les Voies to include practical work placements and links with the Guernsey Institute.

Question 13: Attendance

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 114 respondents answered yes/no  200 respondents skipped questions  22 online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% Yes 60.00% No 50.00% 78 95 76 40.00% 30.00% 20.00% 10.00% 0.00% The power to pursue a criminal The power to make regulations in Governing bodies should have a prosecution for failure to comply respect of holding and maintaining duty to improve attendance. with a School Attendance Order registers in schools should be and to enforce schools attendance retained in the new law. should be retained in the new legislation.

13.0 Although there was no specific proposal on school attendance related to removing children from school for the purpose of a family holiday several respondents commented that they didn’t believe it would be appropriate or necessary to bring in any formal penalty for this purpose.

13.1 The majority of respondents did not think that criminal prosecution of parents for non- attendance at school was appropriate or necessary or would change behaviour. It was considered that the threat and discharge of this duty would only serve to have a detrimental impact on the family as well as on successfully establishing the child returning to school. Respondents suggested that focus should be placed on addressing the underlying causes of poor attendance and support for the family and child to include adequate counselling, listening, support from a school attendance officer and nominated school family support worker. Access to CAMHS, access to a mentor, to a safe space and not be ostracized nor refused are some elements that should be in place. Several respondents’ commented that there may be a danger of disproportionate convictions of pupils with certain SEND.

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Question 14: Fees and Charges

 115 respondents answered  108 respondents skipped questions  17 online written responses

Do you agree with the following statements? 120.00%

100.00% Yes No 80.00%

60.00% 111 71 40.00%

20.00%

0.00% The new law should continue to set out that no fees The new law should enable secondary legislation to are to be charged for admission to, and provision of, specify circumstances when charges may be made. education at registered States schools.

14.0 Only a few written comments were received in response to this question with an equal split of those in support and those against the proposals. Those in support of the proposals thought that they were reasonable and that there should be an enabling power to account for charging should it be required. Other respondents considered charging, even with remissions to undermine the concept of inclusion.

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Question 15: Provision of Funding

 112 respondents answered yes/no  202 respondents skipped questions  9 online written responses

Do you agree with the following statement? 90.00% 80.00% 70.00% 60.00% 96 Yes 50.00% No 40.00% 30.00% 20.00% 10.00% 0.00% The existing arrangements that provide for financial assistance and set out the circumstances for making loans, grants and allowances should be included in the new legislation.

15.0 All written responses received were in support of appropriate and flexible financial assistance to be enabled by the new legislation. Several comments were received suggesting that the current system should be reviewed so that it is more efficient and effective.

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Question 16: Transport

 111 respondents answered yes/no  203 respondents skipped questions  24 online written responses

Do you agree with the following statements? 90.00%

80.00%

70.00% Yes 60.00% No 50.00% 87 67 40.00%

30.00%

20.00%

10.00%

0.00% The law should include a power for the Committee to Statutory walking distances should not be included in operate a transport policy as they see fit to enable all the new law. learners to attend school, including those with SEND.

16.0 The general consensus of respondents was that all children should be entitled to free transport to and from school to enable access to education entitlement.

16.1 Some respondents suggested that clear guidance is required for SEND children as they often require special transport arrangements based on need.

16.2 The majority of written responses expressed reservation and concern that the statutory walking distance for children to school might be removed. Several respondents suggested that parents should be able to appeal against statutory walking distances for students who are unable, either temporarily or permanently, to walk.

16.3 It was noted that if the law enables fees and charges which could in future include a charge for transport that there should be a requirement to ensure that they do not place a disproportionate burden on any family.

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Question 17: Home Education

 107 respondents answered yes/no  207 respondents skipped questions  23 Online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% 90 99 96 91 88 60.00% Yes 50.00% No 40.00% 30.00% 20.00% 10.00% 0.00% The law should The law should The new law should The new law should Learners on the include a definition introduce a duty for create a requirement enable children on home education roll of home education the Committee to for all learners of the home education should receive which emphasises identify learners who compulsory roll to access level 1 monitoring and parental choice. may be ‘missing’ education age to be and 2 qualifications, support visits from education. on either a school or subject to the education officers to home education roll. condition that their provide advice and readiness to sit signposting. examinations is assessed through a mock examination.

17.0 No additional written comments were specifically received regarding the definition of home education but a couple of respondents commented that home education should be a parental choice.

17.1 A couple of respondents did not think that there should be the option for home education in Guernsey.

17.2 A minority of respondents were in support of the Committee making a commitment in primary legislation to identify learners who may be ‘missing’ education.

17.3 Several responses were in support of home educated children having access to exams as external candidates. Some respondents provided feedback that exam setting for home educated children may need to be flexible to meet the needs of the child.

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17.4 The response to the proposal for monitoring and support was wide ranging. Some respondents were not in support of any monitoring or support for home educated children. Quite a few respondents thought that monitoring and support visits should only take place if they were requested by the parent for a particular purpose or if there was a reasonable and quantifiable question over whether education is being delivered. Several respondents supported the proposal for monitoring and support for the purpose of safeguarding with others stating that they would prefer a more rigorous provision including inspections.

Question 18: Health, Hygiene and Cleanliness

 105 respondents answered yes/no  209 respondents skipped questions  8 Online written responses

Do you agree with the below statements? 120.00%

100.00%

80.00%

Yes 60.00% 10 91 91 71 No 0 40.00%

20.00%

0.00% The new law should A duty should be included The new law should Given that health and contain a duty for CfHSC in the legislation for the establish a power enabling hygiene concerns about a to provide relevant health Committee and schools to a headteacher to direct child can trigger referrals services including medical encourage pupils to take that a child should not for processes under the and dental screening and advantage of available attend school in Children's Law, powers treatment for all children health services. However, circumstances when requiring a child to be as part of their education, a child should not be attendance would be examined, cleansed or whether that is provided encouraged where their detrimental to the health excluded for matters of in school or at home. parent objects. of that child or others. cleanliness should not be included in the new law.

18.0 Only a handful of very short written responses were received for this question. The majority of them did not specifically state whether or not they were in support of the proposals but instead raised suggestions and challenges. This included the suggestion that the law should confirm that suitably qualified medical personnel and not teachers or school leaders should be given responsibility for conducting examinations. A concern was also raised that determining whether a child's attendance at school could

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be detrimental to the health of others could potentially be used to exclude children unnecessarily, rather than dealing with issues that might be hindering their ability to access learning. Any such decision should be taken in collaboration with medical advice.

Question 19: Corporal Punishment

 102 respondents answered yes/no  212 respondents skipped questions  12 Online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% Yes 60.00% 91 92 50.00% No 40.00% 30.00% 20.00% 10.00% 0.00% The new law should prohibit the use of corporal The new law should include wording to identify that punishment in all educational settings. action or use of force in certain circumstances, such as for the prevention of personal injury or damage, is not considered to be punishment.

19.0 One respondent suggested that appropriate restraint should be allowed, to prevent injury to a child, other children and adults.

19.1 Several respondents expressed the need for the law to also protect staff who act to prevent a child injuring themselves or others.

19.2 A small number of the responses specifically stated that there is no place for corporal punishment and it is appropriate that this is clearly the case through legislation.

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Question 20: Provision of Clothing

 99 respondents answered yes/no  215 respondents skipped questions  9 Online written responses

Do you agree with the following statements? 90.00% 80.00% 70.00% 60.00% Yes 50.00% 82 76 No 40.00% 30.00% 20.00% 10.00% 0.00% The new education legislation should include a duty The provision should retain the power to recover for the Committee to ensure the provision of sums from parents where appropriate, without clothing. causing financial hardship.

20.0 The majority of responses indicated that they were in support of some or full assistance for the provision of uniform.

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Question 21: Employment of Children

 99 respondents answered yes/no  215 respondents skipped questions  5 online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% 60.00% 50.00% Yes 40.00% No 30.00% 20.00% 10.00% 0.00% Provisions similar to those in the 1970 Education Law These powers should cover all children of compulsory related to employment should be carried over to the education age and not just children registered at a new legislation to enable action where it appears school. employment is prejudicial to a child’s ability to obtain the full benefit of education.

21.0 Of the responses received the majority suggest that students should not be prevented from working but that there is a concern about the impact on school for those who are employed for evening work during the school week.

21.1 Most respondents are in favour of a better law to enable students to take on work but to protect them from being able to take on too much work so that it negatively impacts on their schooling.

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Question 22: Data Sharing

 95 respondents answered yes/no  219 respondents skipped questions  7 Online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% 60.00% 83 80 85 Yes 50.00% No 40.00% 30.00% 20.00% 10.00% 0.00% There should be a requirement in There should be clear expectations The law should allow for the the law for the processing of about the reporting cycle, sharing of data to support effective school data including demographic measures, inspection outcomes safeguarding and the delivery of data about the learner, health and and results. public services. education data, as currently specified in regulation and by policy.

22.0 Just over 90% of respondents agreed with all three statements although several comments received suggested that there is a concern about these proposals becoming law as opposed to regulation/policies.

22.1 There is concern about data sharing and also over-sharing of sensitive, health information of individuals in schools.

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Question 23: Reporting

 93 respondents answered yes/no  221 respondents skipped questions  13 Online written responses

Do you agree with the following statements? 100.00% 90.00% 80.00% 70.00% 60.00% 50.00% Yes 40.00% 30.00% No 20.00% 10.00% 0.00% The current duty for the The annual report should The new law should allow Parents of learners of Committee to report include information on the for appropriate secondary compulsory education age annually to the States School population in legislation which details attending a States or should be retained. Guernsey and Alderney, the duties of governing independent school assessment, attainment, bodies and it will include should have a right to participation rates, key requirements for receive regular and developments in the education providers to adequate information services provided, key report to the Committee concerning progress, performance indicators to facilitate the annual assessment outcomes and and any other data reporting duty to the other information. Detail considered appropriate. States. in secondary legislation.

23.0 Just over 92% of people agreed with all four of the statements above however, some respondents questioned whether this would be more appropriate in policy rather than defined in legislation.

23.1 Several suggestions were received including that the minimum reporting required should be twice a year, that reporting should be governed by the schools not through the Committee and that exam results should be published in a format which enables comparison with the UK and the Colleges.

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Question 24: Curriculum

 92 respondents answered yes/no  222 respondents skipped questions  19 Online written responses

Do you agree with the following statements? 90.00%

80.00%

70.00%

60.00%

65 65 50.00% 73 76

Yes 40.00% No

30.00%

20.00%

10.00%

0.00% The legislation should not The Committee for Collective worship should Parents should retain the specify any specific Education, Sport and be omitted as a right to withdraw their curriculum content. Culture should be requirement from the new child from collective accountable for the law although it is not worship where it occurs in development of the prohibited if schools wish a school, but there would Bailiwick Curriculum in to offer it, subject to any be no right to withdraw a collaboration with key guidance provided by the child from Religious stakeholders with schools Committee. Education lessons. responsible for curriculum interpretation and delivery.

24.0 Just over 70% of people agreed with statement 3 while 72% agreed with statement 1. Statements 2 and 4 saw 83% and 83% of positive responses. However, the written comments received were varied.

24.1 Of the responses received, the majority were of the opinion that students should not have to study Religious Education with the majority of respondents considering that parents should have the right to remove their child from such lessons. One respondent

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suggested teaching values, respect and morals over religion while another said that children should not have anything to do with religion in schools as it is “archaic”. This last responded felt that a guide to religions could be incorporated into General Studies.

24.2 A small number of comments were received regarding Collective Worship in schools which ranged from respondents considering it to be important as part of a school life and Guernsey’s Christian community to suggesting that it should not feature at all within schools.

24.3 Several respondents felt that the Committee should not be permitted to make any decisions concerning the curriculum provision in schools. Other respondents suggested that teachers and other educational professionals should be able to contribute to the curriculum framework.

24.4 A few responses were received that were of the view that the Committee’s proposal to change the Education law to remove express requirements on schools to teach Religious Education should not be pursued.

Question 25: Assessment

 85 respondents answered yes/no  229 respondents skipped questions  11 Online written responses

Do you agree with the following statement? 80.00%

70.00%

60.00%

50.00% Yes 40.00% 57 No 30.00%

20.00%

10.00%

0.00% The importance and requirement of evaluating, monitoring and comparing performance should be recognised by States’ Resolution but not specified in the new education law.

25.0 Of the 85 people who responded to this question, 68% agreed with the above statement.

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25.1 The majority of respondents are in support of evaluation and benchmarking requirements to be included in the new law but without the law specifying a specific model of measurement and for the results to be shared with a caution regarding over- assessment from a young age and over comparison of children.

25.2 Feedback suggests that assessment should be considered separately to the requirement meant for accountability and measurement with a broader assessment of performance included not just a narrow range of academic attainment with details set out in secondary legislation or policy.

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Question 26: Inspection

 85 respondents answered yes/no  229 respondents skipped questions  16 Written online responses

Do you agree with the following statements? Yes 100.00% No

90.00%

80.00%

70.00%

60.00%

50.00%

40.00%

30.00% 56 69 62 61 65 74 20.00%

10.00%

0.00% School All schools, Powers should be Penalties for The law should That inspection inspections including retained with obstruction to reflect the reports should be should not be Elizabeth College regard to interim inspection should agreed provided to the limited to a which is currently or additional be set out as in inspection Committee and specific exempt, should inspections by the current Law. framework for that there should organisation and be subject to persons the inspection of be an obligation could be inspection by a authorised by the collective for these reports undertaken by recognised Committee. worship and to be published. any organisation inspectorate denominational or officer acting approved by the education in on behalf of the Committee, at a voluntary Committee, as frequency which schools. deemed is set out by appropriate and secondary approved by the legislation. Committee.

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26.0 These statements were responded to by 85 people with between 70% and 90% in support of the proposals including a common requirement for school inspection as it is considered vitally important in assessing and maintaining standards.

26.1 Respondents were not in support of the Committee being able to select an officer to act on behalf of the Committee to undertake inspections outside of the agreed Ofsted framework. This may have been because the context of the proposal did not clearly set out the purpose of this element of the proposal explaining the rationale for Guernsey education system to be able to depart from a well-established practice elsewhere if required.

26.2 The majority of respondents did not believe that a school including Independent schools should be exempt from inspection. Although Elizabeth College is exempt by law from inspection they are currently regularly inspected by HMC membership and subject to inspection by ISI. A few respondents considered it important that the States should not be able to veto an inspectorate proposed by a private school.

26.3 A couple of respondents suggested that the Education Office and its peripheral services should also be inspected regularly.

26.4 Several suggestions were made that schools should also be required to undertake self- evaluation.

26.5 Respondents were in support of inspection reports being published and publicly accessible.

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Question 27: School Admissions and Parental Preferences

 87 respondents answered yes/no  227 respondents skipped questions  18 Online written responses

Do you agree with the following statement? 90.00%

80.00%

70.00% Yes 60.00% No 50.00% 64 40.00%

30.00%

20.00%

10.00%

0.00% Admissions to Guernsey schools should continue to be by catchment areas for primary schools.

27.0 Of the 87 responses, 77% agree that admissions should continue to be by catchment area for Primary Schools.

27.1 The majority of the feedback suggests that, while people are in favour of catchment areas most feel that there could be greater flexibility for out of catchment placing. Many cite grandparents and child minders, who may not live in the catchment areas, but whom could be taken into account as many working parents rely on family members or childminders to do the school runs.

27.2 Some respondents commented that not all schools are able to offer the same provision and therefore the catchment school may not be the best one to meet a child’s needs and therefore a child’s needs should also be taken into account.

27.3 With regard to the Catholic Primary schools, it was suggested that parents wishing to educate their child in a Catholic School, irrespective of their faith, should be allowed to do so.

27.4 A small number of the responses suggested that there has already been too many changes to catchment areas and this is confusing and that some certainty on catchment areas is required with arrangements that are able to operate equitably and transparently.

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Question 28: Appeals and Complaints

 302 respondents skipped questions  12 Online written responses

The new legislation will provide a framework for appeals and complaints. Is there anything specific that you would like to be included in the law?

28.0 A theme of the responses received was that there should be an ability for parents to be able to appeal decisions, with clear guidelines and transparent processes in place including clear separation of responsibilities for feedback complaints and appeals to be submitted. For example, if complaints about a service arise from schools or parents, these should not be investigated by that service but with some independence.

28.1 Many respondents would like to have an easily understood and known timeframe, as well as a desire for complaints and referrals to be processed more efficiently and quickly.

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Question 29: Voluntary Schools

 86 respondents answered yes/no  228 respondents skipped questions  7 Online written responses

Do you agree with the following statements? 100.00% Yes 90.00% No 80.00%

70.00%

60.00%

50.00%

40.00% 58 56 41 32 72 59 30.00%

20.00%

10.00%

0.00% The term No additional The use of faith- Preference The detail of anyProvision should voluntary voluntary based criteria should be arrangement be maintained schools should schools should should be allowed for between the to allow the be retained and be created. created in applicants who Committee and Committee to defined in the Instead any new prioritising are practicing voluntary run the school new legislation. schools should pupils in the Catholics when schools should for a maximum be independent admission applying for key be set out in of two years schools or arrangements leadership posts secondary when the States schools. for voluntary in the Catholic legislation. managers are schools. voluntary unable or schools. unwilling to continue.

29.0 Only 86 people responded to this section with the percentage of yes responses ranging from 43% for question 4 to 90% for question 5.

29.1 Several respondents were not in favour of continued faith based education instead preferring all-inclusive schools and that if a school is in receipt of States of Guernsey funding then it should be accessible to all children through the admissions processes irrespective of the religious belief.

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29.2 Some respondents did not believe that priority should be given to Catholics (q3) for admission processes but that if it remains in place there should be a statutory admissions code to prevent any form of discrimination that would be unlawful under the proposed qualities legislation.

29.3 There was a range of responses received regarding the views on the key leadership posts in voluntary schools with some of the opinion that leadership posts should be taken by practising Catholics while other respondents suggest that these posts should be taken by the best person for the job or those that can demonstrate that they can promote the ethos and values of the school but do not identify as practising Catholics.

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Question 30: Independent Schools

 83 respondents answered yes/no  231 respondents skipped questions  13 Online written responses Do you agree with the following statements?

100.00%

80.00%

60.00%

40.00%

20.00% 66 75 71 73 70 68 73 62 53 0.00%

Yes No

30.0 Of the 83 people that responded to this section no respondent answered all nine statements. Of those responses, more people agreed with all the statements than not, with the highest number being 96% in agreement with statement 2 and the lowest of 70% agreeing to number 9.

30.1 Several respondents felt that independent schools should be completely independent from the States in terms of funding, legislation and inspections.

30.2 There was a suggestion made that there should be a stronger degree of regulation including regular reporting and inspections.

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Question 31: Accommodation (Board and Lodging)

 80 respondents answered yes/no  234 respondents skipped questions  5 Online written responses

Do you agree with the following statements? 120.00%

100.00%

80.00% Yes 60.00% No 75 59 40.00%

20.00%

0.00% A permissive power should be maintained for the Retaining a power to charge or recover costs from Committee to provide for the boarding of a learner parents where it does not cause hardship would when it is satisfied that it is required by the needs of provide flexibility for the future a learner.

31.0 Of the 80 people who responded to the above statements, 95% were in favour of the first and 79% were in favour of the second statement.

31.1 Several responses were received in support of retaining this provision in the Education Law particularly to ensure that there is provision for Bailiwick wide students who need to attend schools in Guernsey. Respondents stressed the requirement for the accommodation to be fully or part funded, appropriate, safeguarded and of a good quality.

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Question 32: Research

 76 respondents answered yes/no  238 respondents skipped questions  6 Online written responses

Do you agree with the following statement? 60.00%

50.00%

40.00%

43 Yes 30.00% No

20.00%

10.00%

0.00% Powers contained in Sections 51 and 52 of the current Education Law for the Committee to conduct educational research and facilitate educational conferences should not be maintained in the new law.

32.0 76 people responded to the above statement with a fairly evenly split between those in support of the proposal and those against. 54% in support and 45% against.

32.1 A considerable number of comments were received from those respondents in favour of retaining the current powers under section 51 and 52 of the current Education Law. These respondents were of the view that it should continue to be included in the legislation as research and education are fundamental for CPD and progression. The inclusion of these powers is also important to ensure that higher standards in Education are achieved and maintained as well as safeguarded from future political committees claiming that it is not necessary particularly on the basis of cost.

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Question 33: Consultation and Voice of the Learner

 77 respondents answered yes/no  237 respondents skipped questions  8 Online written responses

Do you agree with the following statement? 51.00%

50.50%

Yes 50.00% No

49.50%

49.00% 38 39

48.50% No express duty should be included in the education law in respect of consultation and the voice of the learner as this need is fulfilled by alternative provision within the Children Law, through the extension of UNCRC and UNCRPD to Guernsey and through t

33.0 Of those that responded there was a fairly even split of opinion however, the majority of the written responses suggest that there is a requirement for this duty to be in primary legislation with specific mention of the Bailiwick so that Alderney is included. It was also noted that the Committee should broaden and deepen its stakeholder engagement to develop policy on an informed basis with parents and learners given the opportunity to contribute.

33.1 A minority of respondents suggested that the primary legislation should reflect and reinforce the relevant sections of the Children’s Law, Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities while the Secondary Legislation should specifically consider the voice of the child and the parent.

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Question 34: Teacher Registrations and Qualifications

 274 respondents skipped questions  40 Online written responses What do you consider to be the advantages and disadvantages of Guernsey operating a formal register of educational professions?

34.0 Of the 68 written responses the majority provided feedback in support of operating a formal register of educational professionals including those teaching in independent schools and those offering private tuition. Many of the responses commented that they thought it would:

o Contribute to a wider workforce strategy o Support continued improvement of the quality of education provision; o Improve safe-guarding and frequent quality checks by HR; o Discourage poor quality teachers from applying for positions; o Provide parity of pay, easy reference, experience and subject specialty; o Assure parents, learners and the public that only qualified teachers, or those on the pathway to such status, can be employed to teach in the Island.

34.1 A couple of respondents commented that a similar register already exists for Health and Social Care Professionals and therefore it should be a requirement for teaching professionals in Guernsey.

34.2 A minority of respondents suggested that the register was unnecessary and would be costly to set up and maintain and it would increase paperwork and bureaucracy.

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APPENDIX 2 Provisions in the Education (Guernsey) Law 1970 and The Education (Amendment) (Guernsey) Law, 1987

Element To be Comment The Education Relevan carried (Guernsey Law, t over 1970 and The Section Education in the (Amendment) Policy (Guernsey) Letter Law, 1987 Principles of New n/a Section education in 3 Guernsey Governance New Propose the Introduce an n/a Section enabling power for the 5 Committee to devolve governance to governing bodies through secondary legislation Governance Carried Propose that the Section 53 Section over appointment to the role of 5 Director of Education (or any other title as the position may be known) is maintained as a statutory appointment and that it and appointments to the role of the Executive Principal, Headteachers and teachers is made by the appropriate governing body Governance Not Propose that the Section 6 Section carried requirement for school 5 over management committees is not retained on the introduction of a new governance model Entitlement New Propose that access to n/a Section education for learners of 6.1 compulsory education age by way of universal entitlement within available resources should be defined Compulsory Carried Propose a change to the Section 16 (1) Section education age over term and the definition. The 6.19 new Law will not include a

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formal deferral position for summer-born children and it will not extend to include pre-school Participation New Propose that the new Law n/a Section age will provide for secondary 6.19 legislation to set out the exact requirements of entitlement and participation. Early childhood Carried Propose that pre-school Section 16 (1) Section education over attendance is not 6.19 compulsory Early childhood New Propose that current n/a Section education entitlement to free early 6.19 childhood education is included in the new Law

Looked after New Propose that there is a new n/a Section children and statutory duty for a specified 6.32 corporate role to be responsible for the parenting educational outcomes of looked-after children Learners with New Propose that the language is n/a Section Special updated to reflect the 6.42 Education inclusive principle of the Needs and new Law Disabilities (SEND) For example the new Law will not contain the term ‘Special Schools,’ given that provision for learners with ‘additional needs’ could occur within a range of schools Learners with New Propose that the duty to n/a Section Special provide SEND educational 6.42 Education support/services for learners Needs and at independent schools is on Disabilities the governing bodies of the (SEND) private schools themselves Learners with New Propose that there is a new n/a Section Special duty that SEND education 6.42 Education support/services for home Needs and educated learners is Disabilities provided by the (SEND)

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parents/carers of those learners Learners with New Propose that there is a n/a Section Special requirement for 6.42 Education independent schools to Needs and share their SEND register Disabilities with the Committee (SEND) SEND Carried Propose that the Committee Section 4 (2) (c) Section Assessments over has a statutory duty to 6.56 and ensure that there is a The Education 7.1 process designed to identify (Amendment) and assess SEND learners, (Guernsey) and determine the best Law, 1987 educational provision for each individual SEND New Propose that the assessment n/a Section Assessments process considers each 6.56 and child’s needs in a spirit of 7.1 collaboration with the parents and carers and takes into account the wishes of the child. SEND New Propose that parents and n/a Section Assessments carers who disagree with the 6.56 and outcome of an assessment 7.1 process have the right in law to make representations to the Committee. SEND New Propose that a new duty for n/a Section Assessments the governing bodies of 6.56 and independent schools will be 7.1 established requiring them to provide SEND educational support and services. SEND New Propose that the scope of n/a Section Assessments the Committee’s 6.56 and responsibility in respect of 7.1 SEND learners who are outside of state schools will extend to assessing potential SEND learners who are brought to the attention of the Committee and providing signposting toward appropriate SEND

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educational support and services. Assessment of Carried Propose that the current Section 6 Section special over Committee duty is continued 6.56 education to ensure that SEND children needs of can access an appropriate children under assessment but that it must the age of two recognise that it is not responsible for providing services and that the age of the child will influence the assessment.

The application of this needs to be considered alongside Health & Social Care to ensure that the approach is collaborative with regard to the provision of services following a diagnosis Determination Carried Propose that the Section 7 Section of children’s over determination of 6.56 special educational provision for educational each child is reviewed on a provision regular basis. This needs to recognise that any changes to the process will be informed by the SEND review but that the existing duties remain relevant Carried Propose that the Section 7 Section over determination of 6.56 educational provision for each child is reviewed on a regular basis.

This will need to recognise that any changes to the exact process will be informed by the SEND review but that the existing duties remain relevant Requests for Carried Propose that the six month Section 5 Section assessments over deadline for the Committee 6.56 to comply with a request from a parent with a determination is carried over

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recognising that this may be subject to change following the SEND review Duty of Medical Not Propose that this duty Section 37 Section Officer of carried should not be included in the 18.19 Health to notify over new Law as the processes and the Council have evolved under the 18.23 Children’s Law Special schools Not Propose that the term Section 10 (1) Section and approved carried Special school is not included (3) and section 6.44 independent over in the new Law and 11 (1-2) schools therefore a description in the law is not required and Law that there is no specific future requirement in law for the approval of Special schools Special schools Not Propose that the current Section 10 (2) Section and approved carried requirement for Home 12 independent over education / attendance schools sections to specify that learners cannot be withdrawn (from any school) without approval/consent is not carried over into the new Law School Not Propose that the choice of Section 18 Section Attendance carried school and revocation of 9 over school attendance orders in not carried over into the new Law Curriculum New Propose that the new Law Section 8 Section should include a duty for the (outlines 7 Committee to be powers to accountable for the control the development of the Bailiwick secular Curriculum in collaboration instruction and with key stakeholders includes the length of the school day, terms and holidays and attendance requirement on and off of the school site. The law however

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does not make specific mention of assessment, progress or attainment Curriculum Not Propose that collective Section 10 (1) Section carried worship is omitted as a (2) 7 over requirement although it is not prohibited if schools wish to offer it, in line with guidance Curriculum Carried Propose that the right for Section 10 (1) Section over parents to withdraw their (2) 7 child from collective worship will be retained Curriculum Not Propose that religious Section 10 (1) Section carried education is omitted from (2) 7 over the new Law as the provision of religious education is specified as part of the Guernsey Curriculum Curriculum Not Propose that the parental Section 10 (1) Section carried right to withdraw their child (2) 7 over from religious education is omitted from the new Law School New Propose that there should Section 35, the Section improvement be provision in the Education inspection of 7.14 and and Inspection Law for action to be able to schools – not 7.20 be taken where the specific to Committee is not satisfied school with the progress being improvement made by the school School Carried Propose that all schools are Section 35 Section improvement over subject to inspection and 7.20 and Inspection that the penalties for obstruction to inspection are retained School Carried Propose that powers are Section 35 Section improvement over retained for interim or 7.20 and Inspection additional inspections by persons authorised by the Committee for schools that are not registered School New Propose that the law reflects n/a Section improvement the agreed inspection 7.20 and Inspection framework

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School New Propose that inspection n/a Section improvement reports are provided to the 7.20 and Inspection Committee and there is an obligation for these reports to be published Exclusions New Propose that the right to n/a This is Section move learners to another currently 8 form of education provision covered in which better meets their policy needs Exclusions New Propose that no power to n/a Section permanently exclude a 8 learner from the universal entitlement to education is included in the new Law Attendance Carried Propose that the power to Section 18 Section over pursue a criminal Section 20 9 prosecution for failure to comply with a schools Failing to attendance order is carried attend school is over into the new Law also a condition for compulsory intervention under the Children (Guernsey and Alderney) Law 2008 Section 20 Section 36 Section 18 (2) Attendance Not Propose that the current Section 18, 19, Section carried permitted reasons for 20 and 21 9 over absence are removed from the primary legislation to keep the new Law flexible with the detail set out in operational policy Attendance Carried Propose that a power to Section 36 Section over make regulations in respect 9 of holding and maintaining registers in schools is retained Attendance Carried Propose that the registration Section 36 Section over of a pupil at a named school 9 should include an obligation to identify children missing

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education, regulations around registers to minimise the risk of learners going missing from education Financial Carried Propose that no fees are to Section 48 Section arrangements, over be charged with regard to 10 fees and admission to, and provision charges of education for, pupils registered at States maintained schools Financial Carried Propose that the new Law Section 48, 49 Section arrangements, over enables secondary 10 fees and legislation to specify charges circumstances when charges may be made (this could include learners from Sark) Financial Not Propose that the fees to be Section 48 and Section arrangements, carried charged for admission to, 49 10 fees and over and education at, Grammar charges School(s) in Guernsey is not carried over into the new Law Financial Carried Propose that the existing Section 49 and Section arrangements, over provisions to provide 50 10 fees and financial assistance are charges carried over Transport Carried Propose that a power for the Section 44 Section over Committee to operate a 10 transport policy as they see fit is carried over Transport Not Propose that the reasons for Section 18 and Section carried absence from school – if a Section 20 11 over parent proves that the school is not within walking distance of the child’s home, and that no suitable arrangements have been made by the Committee for transport is not carried over into the new Law Transport Not Propose that statutory Section 44 Section carried walking distances are not 11 over included in the new Law Transport New Propose that the new Law n/a Section should indicate any 11 transport arrangements made by the Committee

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should have due regard to the objectives of any States on-island transport strategy currently in force Home New Propose that learners on the Section 20 (2) C Section education Home Education roll will 12 receive support visits from the Home Education Service Home New Propose the introduction of n/a Section education a duty for the States to 12 identify learners missing education Home New Propose the introduction of n/a Section education a requirement that all 12 learners of compulsory education age are either on a school roll or on the Home Education roll Home New Propose that Home n/a Section education Education learners are 12 provided with access to level 1 and 2 qualifications Education other Not Propose that given the Section 45 Section than at school carried definition of universal 13 and alternative over entitlement in the new Law, provision a separate definition of EOTAS and Alternative Provision is not required Education other Carried Propose that the existing Section 45 Section than at school over flexibility whereby schools 13 and alternative are able to develop and provision extend capacity in order to deliver universal entitlement for all students should be retained Regulation, New Propose the introduction of n/a Section appeals and a right of independent 14 complaints appeal in respect of certain matters set out in the Policy Letter Regulation, Carried Propose that the context of 49 (4) (5) Section appeals and over appeals is carried over into 14 complaints the new Law including the consideration of efficient and effective instruction and avoidance of unreasonable expenditure for the States

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Regulation, New Propose the introduction of Section 34 – Section appeals and a statutory right of appeal to Parental wishes 14 complaints an independent appeals - influenced by body in respect of certain Section 76 of matters under the direction the Education of the Committee Act 1944 in England & Wales, with only minor changes. Currently section 9 of the Education Act 1996. Section 49 (5) Voluntary Carried Propose that the definition Section 5 Section schools over of ‘voluntary schools’ is 15 retained in the new Law Voluntary Not Propose that the creation Section 5 Section schools carried and registration of new 15 over Voluntary Schools is not carried over into the new Law and that future schools of this nature to be opened as independent schools Voluntary Carried Propose that Proprietors Section 5 Section schools over would continue to be 15 required to register before opening a new school and that it would be an offence for a proprietor to conduct an unregistered school Voluntary Not Propose that the Section 5 Section schools carried arrangement between the 15 over Committee and Voluntary Schools is not carried over and the detail is included in secondary legislation Voluntary Carried Propose that the power for Section 5 Section schools over the Committee to conduct a 15 Voluntary school when managers are unable or unwilling to carry on is retained Administration New Propose that proprietors n/a Section of schools would be required to return 14 annual details contained in

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Regulation and Statutory guidance Consultation Carried Propose that there shall be Section 7 Section and voice of the over no express duty in the new 17 learner Law with regard to consultation and the voice of the learner as this is fulfilled by alternative provision within the Children Law; through the extension of UNCRC and UNCRPD to Guernsey and the Children and Young People’s plan Safeguarding – Carried Propose an amended duty to Section 37 Section Promoting the over provide for medical 18.15 welfare and inspection/treatment for wellbeing of children in attendance at any children school and for home educated children - definition to be widened to cover relevant health services Safeguarding – New Propose that the n/a Section Promoting the Committee/governing 18.15 welfare and bodies (including in non- wellbeing of States schools) should have children a duty to make arrangements for encouraging children in education to take advantage of health services made available for them by (the CfH&SC) (retaining the caveat that a child should not be encouraged in their parent objects) Safeguarding – Carried Propose the extension of the Section 42 Promoting the over current definition in the Recovery of welfare and Pupils’ Registration cost of wellbeing of (Guernsey) Regulations, boarding and children 1970 to include ethnicity, accommodatio SEND, uniform grant and any n and clothing other factors that the Section 47 (1) Committee may require. (2) (3) (4) and (5) and 50 n/a

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Health, hygiene Not Propose that the current Section 18 Section and cleanliness carried powers to require a child to 15 over be examined/cleansed/exclude d for matters of cleanliness should be omitted from the new Law. The terms ‘vermin’ and ‘foul condition’ should be omitted - health/hygiene concerns regarding a child can trigger referral for processes under the Children Law Health, hygiene New Propose there should be a n/a Section and cleanliness power in the new Law to 15 exclude a child from school when attendance would be detrimental to the health of that child, or others, for example in cases of infectious disease. (Public Health legislation includes ability to require the person in charge of a school to take measures to prevent spread of infection and ability to fine ‘Schoolmasters’ if they knowingly allow an infected person to attend a school). Health, hygiene Carried Propose that the power to Section 34 Section and cleanliness over charge costs to parents, 18 subject to hardship is carried over Health, hygiene Carried Propose the power to enable Section 37 and Section and cleanliness over the provision of 39 18.15 clothing/relevant financial assistance Carried Propose the power to Section 37 and over recover sums from parents 39 where appropriate (Without causing financial hardship) Food and New Propose that the direct n/a Section Activity requirement for education 18.54 establishments to have adequate/suitable facilities for recreation/physical activity be omitted, rather

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the new Law to enable secondary legislation to set out the appropriate requirements Safeguarding New Propose that the new Law n/a Section should include a duty 18 requiring education providers to make suitable arrangements to safeguard and promote the welfare and wellbeing of learners, through policies and practices that are regularly updated. Further that there be a power for the Committee to expand upon requirements through subordinate legislation/guidance (able to cover such topics as bullying, food and activity, etc.) Provision of New Propose the power to enable Section 41 Section clothing the provision of 18.34 clothing/relevant financial assistance is carried over Provision of Carried Propose the power to Section 42 Section clothing over recover sums from parents 18.37 where appropriate (without causing financial hardship), is retained Bullying New Propose the introduction of n/a Section a power for the Committee 18.8 to identify specific policy topics in secondary legislation and/or be able to issue guidance to education establishments not limited to food and activity Corporal New Propose prohibition on the n/a Section punishment use of corporal punishment 18.28 in all schools (including States and non-States schools), registered pre- school settings and for those children for whom education is provided otherwise than at school under any

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arrangements made by the Committee

Corporal New Propose that wording be n/a Section punishment included to identify that 18.28 reaction/use of reasonable force in certain circumstances, such as for the prevention of personal injury or damage, is not considered to be punishment Employment of Carried Propose that similar Section 47 (1) Section children over provisions in relation to (2) (3) (4) and 18.38 (amended employment prejudicing the (5) and 50 ) benefit of education are carried over. Further, that powers should relate to all children of compulsory school age, not just those registered at a school Data sharing New Propose the introduction of n/a 18.72 and reporting a duty to collect and maintain data in order to support effective safeguarding and delivery of education services. Data sharing Not Provision for annual Section 54. 18.68 and reporting carried reporting by the Committee Annual report over by [the Committee] to the States Data sharing New Propose the introduction of Section 54 Section and reporting a right for parents and carers 18.75 of students of compulsory education age to receive regular and adequate information Data sharing Carried Propose the current Section 54 Section and reporting over provision for annual 18.75 reporting by the Committee is retained Accommodatio Carried Propose that the power for Section 40 and Section n (board and over the Committee to provide 42 19 lodging) for boarding of learners is retained, under such

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arrangements as it thinks fit, where it is satisfied it is required by the needs of the learner Accommodatio Carried Propose that the power to Section n (board and over charge/recover costs from 18 lodging) parents (without causing financial hardship) is retained Registration of New Propose the introduction of n/a Section Teachers enabling powers for 18.82 secondary legislation for the establishment of a central register of teachers and a central registration system for teachers in all States maintained and independent schools

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APPENDIX 3 Provisions in the Education (Guernsey) Law 1970 which are proposed to be carried over to the new legislation

Section Provision Rationale 4 Duty for the Committee to secure To ensure all learners can attend sufficient primary and secondary school. education provision for learners. 7 (2) & (3) Committee power to step in and There is insufficient surplus capacity run the school for a maximum of in the primary sector to absorb the two years when the school pupils currently attending these managers [of a voluntary school] schools if one or both [voluntary] are unable or unwilling to carry schools suddenly closed. on. 17 Duty of parents to secure the This is universally acknowledged as a education of their children. parental responsibility. 18 Make provision for school To provide a mechanism to ensure attendance orders. students are not missing education. 20 Power to pursue criminal To provide a mechanism for punitive prosecutions in relation to the measures to act as a deterrent in failure to comply with a school cases of non-attendance at school. attendance order and to enforce school attendance. 21 Set out the consequences for To provide a mechanism for levying failing to secure regular fines or other punishment. attendance of learners and for failing to comply with a school attendance order. 24 Committee duty to keep a To ensure non States schools are register of all independent meeting prescribed standards. schools. 35 (2) A Committee power to require an This provision should be retained and inspection of any States school or allow for any interim or additional voluntary school by a member or inspections but not include officer of the Committee. inspections by Committee members. This should be extended to all schools but would be at the Committee’s cost if required. 35 (3) Penalties for obstruction. This should be retained to ensure The current penalties include a inspections are undertaken as level 1 fine for a first summary required. conviction and a level 2 fine and/or imprisonment for a term not exceeding three months for secondary or subsequent conviction.

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36 A Committee power to make Provides the statutory framework for regulations in respect of holding recording the presence or absence of and maintaining registers in learners schools. Enables accurate recording and Duty for schools to maintain reporting in regards of school registers and surrender them for attendance and provide schools with inspection if required by the tools to manage school regulations made under the same attendance effectively. section. 37 Power to charge costs to parents, Allows for flexibility for the future. in respect of medical treatment and inspections subject to hardship issues. 40 Committee power to provide Enables the provision of board and lodging for pupils. accommodation when there is a legitimate need. 41 A Committee power to provide Provides for the administration of uniform necessary for uniform allowance to those pupils participation in school life. who qualify. 42 A Committee power to charge Provides for flexibility for a change to accommodation and clothing the future approach. costs to parents, subject to hardship issues.

44 Committee power to operate a Provides clarity that transport is an transport policy as they see fit to operational matter and has the facilitate a learner’s attendance advantage of being flexible to account at school, including those for changing circumstances and the learners with SEND. ability to meet requirements that might arise in the future. 47 Power to act where employment Aligns with responsibilities set out in is likely to interfere with a child’s UNCRC to protect children from education or be harmful to their economic exploitation. health and development. 48 No fees to be charged shall Free education is fundamental to the include charges in respect of Committee’s mandate. admission to any States school or in respect of the education provided. 49 Power to provide financial The existing provisions allow for assistance and setting out the flexibility and it will be important that circumstances for making loans, this is continued in order to account grants and allowances. for the evolution of services and educational offering in Guernsey. This flexibility also enables the Committee

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to target funding to support skills development in priority areas. 54 Duty for the Committee to report Provides transparency and assurance annually on the educational for the community and places a services on the Island. requirement for schools and governing bodies to have effective reporting mechanisms in place, recognised to be a key tool in driving school improvement.

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APPENDIX 4 The Education (Amendment) (Guernsey) Law, 1987: Provisions to be retained. Those that are to be discounted are included in the table in Appendix 4)

Section of the law Comment Preliminary 1. Meaning of ‘special educational The language will be updated to be more needs’ and ‘special educational inclusive.). For example The phrase ‘appropriate provision’. educational setting based on the needs of the child’ will be used instead of the current term ‘Special Educational Provision’. Provision of special education 2. Provision of special education: These duties set out, for those children for whom duties of the Council. a determination of need is identified, that they are educated in an inclusive and appropriate setting. It ensures that this is agreed in collaboration with the views of the parents/carers and is reviewed to ensure the provision remains appropriate. This section also requires the appropriate sharing of information with their teachers. Identification and assessment of children with special educational needs 4. General duty of the Council This provides clarity about the children for whom towards children for whom it is the Committee is responsible and will be responsible. provided in line with the flexibility set out in section 5 of this Policy Letter. 5. Assessment of special educational As outlined in section 6.68 of this Policy Letter needs. there will remain a duty on the committee to identify and assess children/learners with SEND, and determine the best educational provision for each individual, is available and implemented. The scope of the Committee’s responsibility in respect of children/learners with SEND who are outside of state schools will extend to assessing potential children/learners with SEND who are brought to the attention of the Committee and providing signposting toward appropriate SEND educational support and services. 6. Assessment of special educational The Committee duty is continued to ensure that needs of children under the age of this group of children can access an appropriate two. assessment but it recognises that the Committee is not responsible for providing services and that the age of the child will influence the assessment.

The application of this will be considered alongside CfHSC to ensure that the approach is

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collaborative with regard to the provision of services following a diagnosis. 7. Determination of child's special This includes duties to make a determination and educational provision. to ensure that the process following assessment and prior to determination is collaborative with the parents/carers and child. This will be flexible to recognise that any changes to the exact process will be informed by the SEND review but that the existing duties remain relevant 8. Requests for assessments. The six month deadline for the Committee to comply with a request from a parent/carer with a determination may be subject to change following the SEND review. 17. Service of documents. Will be incorporated in the new law 18. Interpretation. Expressions need to be carried over and updated in line with agreed terminology - FIRST SCHEDULE Assessments of Need to ensure that the regulations are carried Special Educational Needs. over where appropriate including attendance for assessment but may be subject to recommendations from the SEND review

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APPENDIX 5

Provisions which will not be included in the new legislation Omission Rationale Statutory walking distances It is intended to broaden the reach of free school will not be defined in the new transport as part of the new secondary education Law. model. School buses will be an integral part of traffic management at secondary sites and all children who live beyond one mile from their respective site will be provided with transport. Parental right to withdraw Religious Education should provide an opportunity their child from Religious for learners to understand both the Christian Education heritage that underpins the culture and values of Guernsey society and its continued influence. Religious Education should also build knowledge around different religions to enable learners to understand beliefs in a local and global context. It is considered that teaching and learning on this basis would not require a right to withdraw from Religious Education as a subject. Powers to require a child to be Health and hygiene concerns regarding a child can examined, cleansed or trigger referral for processes under the Children excluded for matters of (Guernsey & Alderney) Law 2008. cleanliness and ‘vermin’

Fines for parents who are In practice no fines are issued under this power found guilty of not complying and this appears to be in opposition with the with an assessment notice for collaborative approach to parents and carers learners with SEND as set out proposed in the new Law. in the First Schedule of the Education (Amendment) (Guernsey) Law 1987 Charges in respect of As Guernsey no longer has a selective education admission to and provision of system this provision is not required in the new education at the Grammar Law. The inclusion of such a provision in future law School. would be out of line with the Policy decision of the States (Billet d'État VII of 2016). Committee powers contained Provisions are a fundamental part of the in sections 51 and 52 to Committee’s mandate and therefore not required conduct educational research in the primary legislation. and facilitate educational conferences. Provision of special education This is not required as the new law will already otherwise than in schools. make provision for EOTAS and Alternative (Section 3 of Education provision

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(Amendment) (Guernsey) Law 1987) Duty of Medical Officer of This is not required as the processes have evolved Health to notify Council. under the Children Law. (Section 9 of Education (Amendment) (Guernsey) Law 1987) Special schools and approved The term Special school is to be removed from the independent schools. (Section legislation and therefore a description in the new 10 of Education (Amendment) Law is not required (Guernsey) Law 1987) This is covered by Home education / Attendance sections of the proposals to specify that learners cannot be withdrawn (from any school) without approval/consent Approval of special schools. As there will be no special schools in the proposed (Section 11 of Education future law this is not needed (Amendment) (Guernsey) Law 1987) Additionally as it is proposed the requirement for collective worship and withdrawal from religious instruction is removed this is not required Approval of independent Contained within independent schools section schools. (Section 12 of Education (Amendment) (Guernsey) Law 1987) Proposed school attendance Within the attendance section - need to check if order: choice of school. the provision is different for children with a (Section 13 of Education determination and incorporate (Amendment) (Guernsey) Law 1987) Amendment and revocation of As above school attendance orders. (Section 14 of Education (Amendment) (Guernsey) Law 1987) Duty of parents. (Section 15 of This is included in the proposals and will be Education (Amendment) updated in line with agreed terminology (Guernsey) Law 1987) Provisions as to regulations Will be included as standard in the new law under this Law. (Section 16 of Education (Amendment) (Guernsey) Law 1987)

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APPENDIX 6 Term Definition “Committee” The States Committee for Education Sport and Culture “compulsory education from the beginning of the school year in which a age” person attains the age of 5 years until the end of the school year in which that person attains the age of 16 years. “education” any systematic development of human personality, by imparting knowledge, developing powers of reasoning, judgment and appreciation and generally improving human mental, physical, artistic and cultural capacity. “education establishment” an establishment which is part of the public system of education or is an independent education establishment “extended participation such age, either before or after compulsory age”. education age or both, as the Committee may specify by Regulations as an age in respect of which it is the Committee’s duty to take all reasonable steps within available resources to ensure early years or continuing education through the provision of States-funded or States- subsidised educational (including training and/or apprenticeship) opportunities “further education”. any education other than secondary education or higher education which is designed to contribute to the personal, intellectual, cultural or physical development of persons over compulsory education age who desire and are able (financially and otherwise) to pursue such educational opportunities as the States can reasonably and within available resources provide “governing body” in relation to an education establishment means the board or other body which, in accordance with this Law, any other legislation, or the establishment’s constitutive documents, is charged to set and oversee the establishment’s policy and strategy; “governors” in relation to an education establishment means the members of that establishment’s governing body “Guernsey” Includes Herm and Jethou “Guernsey” residents” people who predominantly live in Guernsey and, in the case of children and young people, who so live in the Guernsey-based households of

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their parents/carers or who, exceptionally, are accepted by the Committee to be genuinely and unavoidably so living in Guernsey otherwise than in such households; “higher education” a course designed to lead to the conferral on its students of a higher level of qualification than those attainable through secondary education; “independent education education establishments established in establishments” Guernsey by persons or bodies other than the States (whether or not the States make any grants or provide other funding for them), but does not include voluntary schools: “learners” everyone pursuing a course of education within or in association with an education establishment or through home education: “parents and carers” everyone with parental responsibility, and where appropriate carers with de facto responsibility for children or young people “pre-primary education” education principally designed to meet the needs of children aged between 2 years and compulsory education age “primary education” education principally designed to meet the needs of learners of compulsory education age for whom secondary education is not yet suitable, and ‘primary education establishment’ is to be construed accordingly “public system of all education provision funded wholly or mainly education” by the States through the Committee including education provided by voluntary schools (but not independent education establishments offering pre-primary education under partnership arrangements and ‘public education establishment’ is to be construed accordingly “school” an education establishment providing all or most of its learners’ primary and/or or secondary education; “secondary education” education principally designed to meet the needs of learners who are of young people and compulsory education age and for whom primary education is no longer suitable; and ‘secondary education establishment’ is to be construed accordingly; “[special] educational needs needs and disabilities impacting on a learner’s and disabilities access to educational opportunities; “teachers” everyone having a role in the education of a child or young person within or in association with an education establishment

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“young people” people under the age of 18 years, and people under the age of 22 [in respect of whom a determination is made] who were at the age of 18 in attendance at an education establishment in Guernsey and have thereafter continuously remained in attendance at that or another such education establishment.

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APPENDIX 7 Acronyms used in this report Acronym Meaning (in order of appearance) CfESC Committee for Education, Sport and Culture UNCRC The United Nations Convention on the Rights of the Child UNCRPD The United Nations Convention on the Rights of People with Disabilities NEET Not in education, employment or training ECE Early Childhood Education LAC Looked- After Children VSH Virtual School Head DfE The Department for Education CYPP Children and Young People’s Plan CfHSC The Committee for Health & Social Care SEND Special Educational Needs and Disabilities SHARE Sexual Health and Relationship Education MASH Multi Agency Support Hub PE Physical Education SENCO Special Education Needs Coordinator PSHE Personal, Social, Health and Economic education EOTAS Education other than at school PRUs Pupil Referral Units AP Alternative Provision KCSIE Keeping Children Safe in Education STSB States Trading Supervisory Board CAMHS Child and Adolescent Mental Health Services UNCAT UN Convention against Torture CfESS Committee for Employment & Social Security NEU National Education Union GCMP Guernsey Child Measurement Programme C&YPS Children and Young People’s survey SIMS Schools’ Information Management System QTS Qualified Teacher Status QTLS Qualified Teacher Learning and Skills DBS Disclosure and Barring Service TRA Teaching Regulation Agency ITT Initial Teacher Training ADRB Administrative Review Board ISI Independent Schools Inspectorate HMI HM inspector TTHS Term Time Host Service

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