Re-opening
Schools and colleges should now be fully open with all pupils attending school full-time, except those who are clinically extremely vulnerable during the current national lockdown. The government requires early years settings, schools, colleges and universities to remain open during the current national lockdown.
The current guidance for settings says that children and young people should continue to attend unless they are currently clinically extremely vulnerable. A link to the full guidance is here Education and childcare settings: national restrictions from 5 November 2020 – GOV.UK (www.gov.uk)
As regards the re-opening of schools, if your child attends a special school, here is the link to the guidance that applies to those specifically: Guidance for full opening: special schools and other specialist settings – GOV.UK (www.gov.uk)
For all other types of school, here is the relevant guidance: Guidance for full opening: schools – GOV.UK (www.gov.uk)
Do note that this is not statutory guidance, so strictly speaking, there is no duty for settings to have regard to it. However, it is expected that in these unprecedented times schools, colleges and other places of education will have used this to plan re-opening.
Special educational provision
Here is the link to specific guidance for caring for pupils with complex medical needs: https://www.gov.uk/government/publications/safe-working-in-education-childcare-and-childrens-social-care/safe-working-in-education-childcare-and-childrens-social-care-settings-including-the-use-of-personal-protective-equipment-ppe#what-specific-steps-should-be-taken-to-care-for-children-with-complex-medical-needs-such-as-tracheostomies
The legal duties for children and young people with SEN remain in place. Broadly, that is:
- Local Authorities to have regard to the SEN Code of Practice 2015
- Best endeavours duty to secure the special educational provision called for by the pupil’s SEN
- Equality Act 2010 duties on schools.
Practically, placements will have to make changes to the way they deliver education to ensure the environment is as safe as possible from the risk of coronavirus, but this needs to be compatible with their legal duties above.
Attendance
The guidance for parents and carers confirms that school attendance is mandatory from the beginning of the new academic year.
Additionally, under s.7 Education Act 1996 , if your child is on the roll of a school, regular attendance is expected, and action may be taken against you for unauthorised absences. Post 16, parents, carers and young people cannot be prosecuted for non-attendance but failure to regularly attend without agreement may mean that the young person does not receive home-schooling and it may affect their ability to stay on the course.
On circumstances where absence should be authorised as ‘not attending in circumstances related to coronavirus’, please use this link:
Guidance on school reopening outlines arrangements for pupils unable to attend school because they are complying with clinical or public health advice:
- schools to immediately offer access to remote education
- schools should keep a record of, and monitor engagement with this activity but this does not need to be formally recorded in the attendance register
- where children are not able to attend school as they are following clinical or public health advice related to coronavirus (COVID-19), the absence will not be penalised.
Current guidance states that during the current lockdown:
- Most children originally identified as clinically extremely vulnerable no longer need to follow original shielding advice. Parents are advised to speak to their child’s GP or specialist clinician to understand whether their child should still be classed as clinically extremely vulnerable
- Those children whose doctors have confirmed they are still clinically extremely vulnerable are advised not to attend childcare or nursery during the period this advice is in place
- Children who live with someone who is clinically extremely vulnerable, but who are not clinically extremely vulnerable themselves, should still attend education or childcare
- Parents of clinically extremely vulnerable children will be receiving a letter shortly confirming this advice. (Young people over 18 will receive this letter directly.)
Full guidance can be found here: https://www.gov.uk/guidance/education-and-childcare-settings-new-national-restrictions-from-5-november-2020:
It should be noted that this is a change from the guidance which applied before the current national lockdown which said that clinically extremely vulnerable children were expected to attend educational settings.
If you are concerned about your child attending school for health reasons, you should speak with your doctor and the placement to discuss whether or not it is clinically advisable for your child or young person to attend. If the clinical opinion is that they should not, it is advisable to secure written confirmation from your doctor and share this with the placement, requesting that they immediately authorise the absence and provide home-learning until attendance can resume.
After the current national lockdown
The national lockdown is due to end on 2 December 2020 with a recommencement of the local tiered COVID Alert Level system in place previously being reintroduced.
Current guidance (Guidance for full opening: schools – GOV.UK (www.gov.uk)) states that in very high COVID-19 alert level areas, clinically extremely vulnerable people may be advised to shield but this will only be in exceptional circumstances, and that in these cases, the government will write to these families to inform them if they are to shield and not attend school. If you receive this letter your child or young person should immediately receive education at home from their placement.
