DERBYSHIRE COUNTY COUNCIL CHILDREN AND YOUNGER ADULTS DEPARTMENT Controlled SCHOOLS’ JCC MEETING Minutes of Meeting held on Friday, 17 October 2014 Committee Room 2 Action 077/14 Present: Kathryn Boulton (CAYA) (Chair), Cllr Jim Coyle (attended part), David Allen (NAHT), Brian Allsopp (NAHT), Michelle Jenkins (GMB), Cathy Tattersfield (ATL), Ian Robinson (ATL), John Crofts (NASUWT), Deborah Turner (NUT), David Wood (Unison), Emma Crapper (CAYA), Teresa Potter (CAYA), Louise Flack (CAYA), Roxanne Hardman (CAYA) Apologies: Sue Boyd (GMB), Ailsa Cooling (GMB), Chris Wayment (ASCL) 078/14 Pre-Meeting Notes from Trade Unions, Minutes of the Previous Meeting held on 19 September 2014 and Matters Arising 043/14 – Corporate Policies – it was agreed that management would contact unions to agree dates for a working party in the new year. Management 053/14 – C of E Diocese – Management reported that there was no expectation for schools which are not C of E to have a SIAMS inspection.. 070/14 – School Budgets – unions accepted that from the LA position Section 188 notices were always seen as the last resort. However, they feel that schools don’t necessarily always see it this way. 071/14 – Schools Update – Agenda item. 075/14 – Facilities Time – management agreed to circulate suggested arrangements prior to the unions’ November premeet. Management 1 Minutes agreed. 079/14 Ofsted Framework David Heald attended for this item. A briefing paper was circulated which covered the key changes to section 5 inspections. Ofsted is planning to introduce short one day inspections for ‘good’ schools. This is currently being piloted, Derbyshire schools will be involved. Ofsted are asking for people to consult on the future of inspections and the consultation document is on the Ofsted website. Management and some unions confirmed they would take part in the consultation. Management agreed to share the LA response. Reference was made to a useful FAQ on the Ofsted website: http://www.ofsted.gov.uk/resources/schoolinspection-policy-some-faqs. The meeting specifically discussed guidance given relating to ‘marking’ and that Ofsted did not require schools to provide ‘deep marking’.* There has been an increased focus put upon the role of governors, it is seen as an essential part of the leadership and management of the school. It was highlighted that there was a need for governors to understand the boundaries of their role, e.g., governors should have no remit to make professional judgements on lessons or carry out formal observations. Ofsted will check school websites prior to inspection for a curriculum statement. No notice inspections can be triggered by: Data which indicates rapidly declining examination standards safeguarding issues concerns about leadership serious complaints lack of breadth in the curriculum The school website is becoming increasingly important and it is a useful vehicle for communicating key information about the school. It was advised that schools should raise any complaints with the inspection process with Ofsted as soon as they arise 2 *to be confirmed by David Heald and not wait until the end of day two. The update was interrupted for 15 minutes by a fire drill. Unions thanked David Heald for his update. 080/14 Health and Safety Policies Jerry Sanderson attended for this item to discuss two new policies Personal and Intimate Care Policy has been through Community Health and Special Schools and Health & Safety sub-committee. It was now coming to Schools’ JCC for agreement. There was a discussion around the definitions of ‘personal care’ and ‘intimate care’ and how they impacted on the Teaching Assistant Framework levels of work. Unions favoured using ‘personal care’ as a general term which they felt was more of a catch-all and avoided problems where TA’s might refuse to carry out certain duties. However, some Unions felt that employees should be in a position to voluntarily accept duties subject to appropriate training and any protective equipment, as in the situation with the Administration of Medicines Policy. Management were concerned that this approach could lead to employees putting themselves ‘at risk’ if it resulted in a new member of staff being employed to support a child with particular needs. Teaching unions were concerned that some schools expected the class teacher to take on the role which would take them away from the education of children. Management suggested that the policy and the TA framework should be looked at together with a view to ensuring that the TA job profile included reference to ‘personal/intimate’ care as necessary to avoid problems in the future. Unions requested further clarification around ‘personal and intimate care. Jerry agreed to confirm if the Level 7 Teaching & Learning Assistant job profile referred to ‘personal care’ and the Level 8 Specialist Teaching & Learning Assistant job referred profile to ‘intimate care’. Non-teaching unions stated their intention of taking this policy and the Administration of Medicines policy to their legal department. Jerry agreed to take the policy back to Health & Safety subcommittee on Wednesday 5th November. LF to let him have 3 a copy of the TA framework. It will then come back to SJCC for further consideration of the wider personnel issue. GMB have provided a very useful response which is available to inform both meetings. Guidance for Dealing with Offensive Weapons has been written at the request of Safeguarding. It has been to all Headteachers for comment and it is now going to Schools’ JCC and DJC for union views. Management felt that the title was a concern. It was felt that it linked closely to the Policy on Physical Intervention and could perhaps be renamed ‘Managing Offensive Weapons’, for example. Unions suggested that ‘keys’ and ‘sticks’ should we added to the list of possible offensive weapons and that it was possible to get plastic kirpans which are used in prisons. Unions asked who would cover the cost of any training? Support staff unions said that it would be helpful to provide clerical staff with a crib sheet to support any call made to the police to ensure. This was agreed. Jerry agreed to take the policy back to Health & Safety subcommittee on Wednesday 5th November. 081/14 Governor Visits Protocol Unions proposed two slight amendments to the Visits Protocol which were agreed. Management 082/14 Facilities Time Management confirmed they were scrutinising spend on Facilities time as there was a significant overspend. They would put together an options paper for November’s meeting Management with proposals on how to get the spend down. Management wanted there to be a full two-way discussion rather than an imposition of one view. They would know the pot available following Schools Forum and could then look at the best split based on membership. Figures for authority schools and Academies would be separated. Unions asked for early notice of the figures. They said that they did not always know where their members were teaching as members were not obliged to provide that information. Management confirmed that at the moment no Academies were buying back facilities time but they would be written to on this issue. Management noted that the current allocation does not take into account the rate of pay of the representatives as this 4 had not been part of the facilities agreement in the past. Unions requested that management ensured any figures they used were accurate as sometimes the accounting period used may contain double year claims, etc. They offered to notify management of the names of the Academies who have already expressed an interest is buying the service. Non-teaching unions asked that they get the same level of facilities time as their non-school colleagues. Management were not sure whether non-teaching unions were covered in the Facilities Time Agreement 2005. Unions felt that a joint recognition agreement within the LA for use in Academies would be helpful - management to consider. Management said that the relation was between unions and Academies, not the LA. One option would be to include facilities time in the traded services brochure. . 083/14 School Term Dates Management reported that Headteachers had raised the issue of Derbyshire schools returning a week late in September. They felt that they needed pupils in at the beginning of the year, pre exams and SATs. Unions raised the issues which concerned them when setting term dates which were a basis for agreement in 2004. Historically these were: Christmas need not necessarily be of two weeks in length Maintain a summer holiday of at least six weeks Accept the disaggregation of Inset days Start the school year on a September date as near as possible to the 1 September. Equalise, as far as possible, teaching and learning blocks Also discussed was the additional Local Government Association principles of: Establishing a two week Spring break in early April,irrespective of the incidence of the Easter bank holiday Identify and agree annually designated periods of holiday, including the summer holiday, where Headteachers are recommended not to arrange teacher days. 5 Unions Management raised that Headteachers have indicated their desire for the beginning of the academic year to be the earliest date possible in September to maximise preexamination teaching and learning time. It was felt that if the dates were changed then at that point it would impact on the 6 week break. Management confirmed that no recommended changes could be implemented before September 2016. Unions asked for clarification of the agreed and proposed dates. 084/14 Part-time Teachers’ Pro forma It was agreed that the amended pro forma submitted by the unions would be discussed and be an agenda item in November. Non-teaching unions said that a similar form for support staff would be useful. 085/14 Schools Update Schools Examinations Data A Performance Headlines paper was tabled by management. They noted that all results were unvalidated and therefore provisional, particularly KS4; it was a Controlled document. EYFS profile has improved by 12% and is now above the national average. Derbyshire’s KS1 results are always above the national average and continue to be so. Derbyshire is making some progress in KS2 although progress measures continue to be a priority. KS4 results nationally were volatile, subject to significant changes during the examination year National figures are not yet available to be able to compare Derbyshire. There is still a challenge at secondary. DCC is not complacent, it wants to be in the top quartile, but there is significant work still to do. A level performance was good. Overall positives, with challenges. Ofsted Update Update circulated prior to meeting. Belper School – from requires improvement to good. Aldercar – from serious weaknesses to requires 6 improvement Both positive outcomes. Harpur Hill – from good to requires improvement The LA has revised its SCC procedures and has a protocol for working with Academies. The LA has no statutory powers with Academies but should notify any concerns to the school and also inform DfE and Ofsted. Schools Causing Concern Inkersall – there has been a consultation meeting for staff and parents only. Unions reported that they had heard there was an issue with the new Head taking up post but management believe that the new Head has taken up post. The IEB is in place and is impressed with the Headteacher. Their preferred sponsor is George Spencer Academy Trust. The IEB want the consultation to be wide and independent. Alfreton Grange – The Governing Body is considering a formal Federation which is felt to be the best option for the local community. They would remain as discrete schools if they were ever put forward for academisation. School Reorganisations Newbold – Unions asked for a management response to OGAT’s comments. The LA would need hard evidence that OGAT were not an appropriate sponsor before it could make any comment. Unions have been pleased with the outcomes at school. 086/14 Policies Update Maternity Policy Management confirmed that this was not a policy, more a document describing how government schemes worked. It is mostly statutory. Unions would like to know the cost per year to schools of paternity leave and how much it would cost them to increase teachers’ entitlement to be in line with non-Teaching staff. They are concerned for school and local authority budgets. Management agreed to report back. Temporary Variation to Contract The document was written to meet a need and the majority of unions want it published as a LA document. The NASUWT was concerned that the document may be unlawful and if so any redundancy payment should be based 7 Management on current salary. Management felt it was possible to be given a temporary contract until end of July, or even 30 August and then revert to your substantive contract. Management suggested making the document part of the redundancy package and HR support. The NASUWT said it would still have to object to the document and felt worried that members would feel coerced to comply. Management advised unions to advise their members as they felt fit. For those unions who wish to draw on it it is available as part of the toolkit. Disciplinary Procedure A working party has met, they need another meeting to complete their discussions. It is working well. Management to suggest further dates. Management 087/14 Single Status Document circulated at meeting. Management working with unions on the appeals process. Management are asking for representatives from non-signatory TUs to observe the appeals panels. No group appeals have been received. Unions 088/14 Any Other Business Karla Capstick to attend November meeting to report on progress of introducing Framework-I into schools. Some guidance on Special Needs Teaching Assistant contractual arrangements was tabled. Comments were requested by 24 October 2014. Unions A payslip insert about Credit Unions was circulated. SJCC Meeting dates –proposed meeting dates for 2015 circulated. Please confirm in November as rooms get booked up quickly. 089/14 Date of Next Meeting: Pre Meeting – Friday, 5 December 2014 – CR2 Full Meeting – Friday, 12 December 2014 – CR2 8 unions