As the government has stated that it is a priority for schools to remain open in all tiers for the majority of pupils from September 2020 this page summarises the main points for schools, children and parents/carers to consider including school transport, risk management, children with EHC plans and examinations. Please see the full Dfe guidance on full opening for schools here.
Which schools have to adhere to the guidance?
The government guidance is intended to support schools, both mainstream and alternative provision, to prepare for this. It applies to primary, secondary (including sixth forms), infant, junior, middle, upper, school-based nurseries and boarding schools. Independent schools are expected to follow the control measures set out in the guidance in the same way as state-funded schools.
Public health advice to minimise coronavirus (Covid-19) risks
Schools must comply with health and safety law, which requires them to assess risks and put in place proportionate control measures. Schools should thoroughly review their health and safety risk assessments and draw up plans for the autumn term that address the risks identified using the system of controls set out below. These are an adapted form of the system of protective measures that will be familiar from the summer term. This is the set of actions schools must take. They are grouped into ‘prevention’ and ‘response to any infection’:
- minimise contact with individuals who are unwell by ensuring that those who have coronavirus (COVID-19) symptoms, or who have someone in their household who does, do not attend school
- clean hands thoroughly more often than usual
- ensure good respiratory hygiene by promoting the ‘catch it, bin it, kill it’ approach
- introduce enhanced cleaning, including cleaning frequently touched surfaces often, using standard products such as detergents and bleach
- minimise contact between individuals and maintain social distancing wherever possible
- where necessary, wear appropriate personal protective equipment (PPE)
Response to any infection:
- engage with the NHS Test and Trace process
- manage confirmed cases of coronavirus (COVID-19) amongst the school community
- contain any outbreak by following local health protection team advice
Return to School January 2021
The government announced a third national lockdown on 4th January 2021. All schools (including primary, secondary and colleges) will need to provide remote learning until at least the February half-term.
The government has published guidance on restricting attendance at schools during the lockdown and the safety measures which schools should have in place for the pupils able to attend which can be found here.
Most children will not be able to attend school and will instead be expected to learn remotely. Schools are expected to plan and deliver high-quality remote learning for all pupils who are unable to attend on-site. Guidance on the duty on schools to provide remote education can be found here.
Schools will remain open to pupils who are classed as vulnerable and the children of critical workers. The school should not restrict the number of children they allow to attend if they genuinely are the type of pupil who is still allowed to attend and should operate for their normal opening hours for such pupils. The definition of a vulnerable child or the child of a critical worker can be found here.
Due to the nature of alternative provision and special schools it is acknowledged that many may remain open for on-site provision for the majority or all of their pupils.
Secondary schools should continue with mass-testing for pupils who are able to attend if they were planning to take part in this programme. It is for schools to decide whether they choose to take part and consent is required from the pupil/the pupil’s parent for testing to be carried out.
For pupils able to attend schools should continue to follow the public health advice to minimise coronavirus risks set out above.
Dedicated school transport, i.e. services that are used to solely transport pupils to school.
Pupils on dedicated school services do not mix with the general public on those journeys and tend to be consistent. This means that the advice for passengers on public transport to adopt a social distance of two metres from people outside their household or support bubble, or a ‘one metre plus’ approach where this is not possible, will not apply from the autumn term on dedicated transport.
The DfE has published guidance to local authorities on providing dedicated school transport which can be found here. The main points for local authorities and school to consider include:
- how pupils are grouped together on transport, where possible this should reflect the bubbles that are adopted within school
- use of hand sanitiser upon boarding and/or disembarking
- additional cleaning of vehicles
- organised queuing and boarding where possible
- distancing within vehicles wherever possible
- the use of face coverings for children (except those under the age of 11), where appropriate, for example, if they are likely to come into very close contact with people outside of their group or who they do not normally meet
Public transport, i.e. services that are also used by the general public.
To facilitate the return of all pupils to school, it will be necessary to take steps to both depress the demand for public transport and to increase capacity within the system. Both will require action at a national and local level. Schools have a critical role to play in supporting collaboration between all parties – providers, local authorities, parents and pupils.
Schools should work with partners to consider staggered start times to enable more journeys to take place outside of peak hours.
Schools should encourage parents, staff and pupils to walk or cycle to school if at all possible. Schools may want to consider using ‘walking buses’ (a supervised group of children being walked to, or from, school), or working with their local authority to promote safe cycling routes. The government has announced a £2 billion package to promote cycling and walking, including to support pop-up bicycle lanes and widened pavements. For some families, driving children to school will also be an option.
In March, when the coronavirus (COVID-19) outbreak was increasing, it was made clear that no parent would be penalised or sanctioned for their child’s non-attendance at school. The normal rules on school attendance once more apply now that schools are reopen full-time including:
- parents’ duty to secure that their child attends regularly at school where the child is a registered pupil at school and they are of compulsory school age;
- schools’ responsibilities to record attendance and follow up absence
- the availability to issue sanctions, including fixed penalty notices in line with local authorities’ codes of conduct
Where a pupil is unable to attend school because they are complying with clinical and/or public health advice, schools are expected to be able to immediately offer them access to remote education and their absence will not be penalised.
If parents of pupils with significant risk factors are concerned, it is recommended that schools discuss their concerns and provide reassurance of the measures they are putting in place to reduce the risk in school.
For the school year 2020 to 2021, a new category has been added to record instances when a pupil is ‘not attending in circumstances relating to coronavirus (COVID-19)’. An addendum has been published which goes into further detail on the use of this particular category.
It is expected that kitchens will be fully open from the start of the autumn term and normal legal requirements will apply about provision of food to all pupils who want it, including for those eligible for benefits-related free school meals or universal infant free school meals.
School kitchens can continue to operate, but must comply with the guidance for food businesses on coronavirus (COVID-19).
Schools have the flexibility to decide how physical education, sport and physical activity will be provided whilst following the measures in their system of controls. Pupils should be kept in consistent groups, sports equipment thoroughly cleaned between each use by different individual groups, and contact sports avoided.
Outdoor sports should be prioritised where possible, and large indoor spaces used where it is not, maximising distancing between pupils and paying scrupulous attention to cleaning and hygiene.
Schools should refer to the following advice:
- guidance on the phased return of sport and recreation and guidance from Sport England for grassroot sport
- advice from organisations such as the Association for Physical Education and the Youth Sport Trust
For the summer 2021 exams, it is recognised that pupils in years 11 and 13 will have missed a critical period of their education due to lockdown in the 2019 to 2020 academic year. It is vital that these pupils are able to catch up and access exams that lead to the qualifications they need to progress. It is anticipated that GCSEs and A levels will take place in summer 2021 but with adaptations, including those which will free up teaching time. Ofqual is currently consulting on proposed adaptations to exams.
There will also be an exam series taking place in autumn 2020. Following the cancellation of summer 2020 exams, the exam boards will be providing students with calculated grades (except in some exceptional cases) this summer, which students will use to move onto their next step. DfE has, however, also announced that there will be an opportunity for students to sit exams in the autumn and Ofqual has confirmed these exams will be available in all subjects.
Student guide to appeals and malpractice or maladministration complaints: summer 2020 can be found here.
On the 12th August the DfE accounced that the final results of A-Level and GCSE students will be no lower than their mock exams. There will be a ”triple lock” – so results will be the highest out of their estimated grades, their mocks and an optional written exam in the autumn. Please see DfE Guidance for further information.
Ofqual has now changed how they will award grades for examinations which would have been taken this year; after heavy criticism of the standardisation of grades using an algorithm which focused on the previous performance of the school or college rather than the individual pupil, grades in GCSE, AS Levels and A Levels will be based on the centre assessment (the grade which was estimated by the school or college which the pupil was most likely to achieve if they had sat their exams) or their moderated grade, whichever is higher. The full statement can be found at https://www.gov.uk/government/news/statement-from-roger-taylor-chair-ofqual
For further information see our page on Examinations in 2020 at https://childlawadvice.org.uk/examinations-in-summer-2020/.
On 4th January 2021 the government announced a third national lockdown which has meant school closures. Due to the impact this will have on children’s education the government has acknowledged that GCSE and A-level exams will not be able to proceed as planned in the Summer. Alternative arrangements are currently being considered and further updates from the government are expected on this matter.
The World Health Organisation published a statement on 21 August about children and face coverings. They now advise that “children aged 12 and over should wear a mask under the same conditions as adults, in particular when they cannot guarantee at least a 1-metre distance from others and there is widespread transmission in the area.”
Nationwide, the government is not recommending face coverings are necessary in education settings generally because a system of controls, applicable to all education environments, provides additional mitigating measures. Schools and colleges will have the discretion to require face coverings in indoor communal areas where social distancing cannot be safely managed, if they believe that it is right in their particular circumstances.
Examples of where education leaders might decide to recommend the wearing of face coverings – for pupils, staff and visitors – in communal areas of the education setting include:
where the layout of the school or college estate makes it particularly difficult to maintain social distancing when staff and pupils are moving around the premises
where on top of hygiene measures and the system of controls recommended in the full opening guidance to schools and FE colleges and providers, permitting the use of face coverings for staff, pupils or other visitors would provide additional confidence to parents to support a full return of children to school or college
In primary schools where social distancing is not possible in indoor areas outside of classrooms between members of staff or visitors (for example, in staffrooms), head teachers will have the discretion to decide whether to ask staff or visitors to wear, or agree to them wearing face coverings in these circumstances. But children in primary school do not need to wear a face covering.