This post looks back at some of the key developments in education law in 2013 and highlights the impact these developments (and others that are expected) are likely to have in 2014.
If you are particularly interested in any expected development in this area expected in 2014 (whether set out below or not) please do not hesitate to get in touch with our editorial team by leaving a comment below or by submitting a query through the Ask system.
Children and Families Bill 2012-13 to 2013-14
The Children and Families Bill 2012-13 to 2013-14, which was presented to Parliament on 4 February 2013, contains measures relating to adoption, family justice, special educational needs (SEN) and childcare. The SEN regime will be extended by replacing SEN statements with a birth-to-25 education, health and care plan and offering families personal budgets. Subject to Parliamentary approval, the Bill is expected to come into force in September 2014 and, to assist local authorities with the new regime, a SEN code of practice and associated regulations will be published in 2014.
Pooling arrangements for Academies and local authorities within the LGPS
Following concern at the substantially higher employer contributions Academies are having to pay (compared to the contributions they paid as maintained schools) which are impacting on Academy budgets, the government may introduce a pooling arrangement for Academies and local authorities within the Local Government Pension Scheme (LGPS). It is hoped that this will stabilise a converted Academy’s scheme employer contributions.
On 1 January 2014, the Academy Conversion (Transfer of School Surpluses) Regulations 2103 (SI 2013/3037) will come into force. These replace the Academy Conversions (Transfer of School Surpluses) Regulations 2010 (SI 2010/1938) and will extend the time within which the local authority must inform the Academy of its determination of the surplus from three to four months after the conversion date and provide arrangements for splitting balances for schools that were part of a federation..
Proposed changes to school organisation
In England, following the publication of a consultation on 12 September 2013, the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 will streamline existing statutory processes for making changes to the organisation of schools. The new Regulations will remove the requirement to consult before publishing proposals to change the way that a school is organised and will reduce the level of detail that such proposals must contain and the number of bodies to whom they must be sent.
In Wales, school organisation will be governed by the School Standards and Organisation (Wales) Act 2013, which received Royal Assent on 4 March 2013. The Act is intended to strengthen school standards in Wales by providing a clearer process for school intervention and driving up school improvement. Two commencement orders have been made bringing a number of provisions of the Act into force, including sections 38, 39 and 97 (in part) which deal with the school organisation code (see Order made covering school standards and organisation in Wales and Orders published on school standards and organisation). Further provisions of the Act are likely to come into force in 2014. For more information on the Act, see our Practice note.
School funding
Following the publication of its findings from its 2013-14 review of school funding, the DfE has confirmed the arrangements and changes for funding in 2014-15. These changes include a requirement that all local authorities allocate a minimum of 80% of their funding on the basis of pupil characteristics (the factors being deprivation, looked-after children and English as an additional language), a requirement for all local authorities to set a minimum Age Weighted Pupil Unit rate which is at least £2,000 for primary schools and £3,000 for secondary schools and supporting small schools in rural areas by enabling local authorities to provide additional funding for schools in sparsely populated areas.