Archives: Division Meetings January 2000

Late agenda items

Secretary's Correspondence and Executive Items

NATIONAL UNION OF TEACHERS

SUFFOLK COUNTY DIVISION Secretary: Martin Goold

_______________________________________________________________________________________________________________________________

Suffolk News in Brief: Regional Report January 2000

1. The LEA has declared redundancies in the Advisory Service because the buy-back of Advisory Teacher activities, especially in Drama, the Arts, PE and Humanities, has not met the cost of these staff's salaries. We are seeking to promote Drama and Arts as permitted exceptions to delegation and are suggesting that these teachers, who actually work with groups of children rather than as advisers to schools, should be supported centrally.
2. Oakwood EBD Residential School has been closed "temporarily" until August 31^st, as we had predicted would happen. The staff are all still employed and the LEA cannot issue Section 188 notices because no decision (or consultation) has taken place with regard to permanent closure. In the meantime, some 50 boys with severe EBD are receiving only part-time home tuition, although some of this is taking place on Oakwood premises with Oakwood staff. It is all very bizarre.
3. The County has a few large Secondary schools with 6-figure deficit carry forwards. Some, it transpires, are accounting anomolies (a small question of hiding reserves as "renewals fund"), others actually have foundation or PTA funds which are not disclosed in either the out-turn statements or the LEA's financial control systems. In a couple of occasions, this has turned into real deficits of over £100,000 and recourse to LEA loans.
4. We are in discussion with the LEA's financial staff on ways of ensuring that all financial decisions under Fair Funding arrangements are clear and available for scrutiny, especially in Section 188 situations.
5. Suffolk County Council "modernised" in April 1999 and has recently carried out an internal audit and declared itself, without much evidence, to be on the right track. The teacher representatives are not so sure, neither is the Division Council. In their quest to modernise, they have cut down on travel by holding video-conferenced meetings in a multiple- venue setting. It would have worked quite well if the video link worked. My own observations was that the councillors still cannot get their heads round the multi-thousand pound electronic voting system installed at County Hall.
6. John Dixon spoke at an Open meeting in Ipswich on December 8^th on PRP, together with speakers from PAT (!) and NAHT. Interestingly enough, ATL and NASUWT cried off. Our lobbies of MPs has resulted in an invitation from Jamie Cann MP (Ipswich) to arrange a meeting of Ipswich teachers and Estelle Morris in the near future.
7. We have our first failing NQT under the new arrangements which is concentrating minds on the regulations. We have also raised with HQ and DfEE the lack of clarity over the principle of 90% timetables for NQTs. John Bangs has promised to get a definitive answer from Estelle Morris: we believe that the wording insists on regular, weekly extra non-contact time for NQTs. The DfEE is saying that the 10% remission includes all NQT InSeT, etc.
8. We have recently noted that the Fair Funding arrangements do not permit LEAs to retain centrally sufficient funding to give grants to schools to meet their obligations to staff with disabilities in accordance with the DDA. We are raising this with HQ, too, but it would appear that the Union's supplementary response on this matter during consultation on Fair Funding was not successful.

Martin Goold, 15/01/200

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Items for the next meeting are accumulated weekly on www.suffolknut.org.uk and are circulated "as is" about 10 days before the next meeting. Requests for particular items of correspondence, briefings, can be had by e-mail (martingoold@suffolknut.org.uk). Details of next meeting are:

January 20th 2000

at Sidegate Primary School, Sidegate Lane, IPSWICH.

Secretary's mobile 'phone for late apologies: 07850 221051

Section A1: Executive Committee (17:45 - 18:45)

a) Conference Motion on "Annual Conference Democracy": Steve Sinnott has written to Associations which submitted the motion calling for changes to Conference Procedure, saying that the motion had been deleted (i.e. not printed for consideration by Associations) because it had stated "Conference therefore ask the National Executive to change the procedures of Conference as follows ....". The decision was taken by the Officers of the Union who say that the wording is out of order, because the Executive cannot change Conference procedures.

The EC is asked to recommend action / response of the Division.

b) Campaign against Performance Related Pay.

(i) Campaign meeting held on 8th December at the Suffolk College. The meeting was not well attended (about 25) but was nevertheless a good occasion and worth doing. The speakers were John Dixon for the NUT, Derek Morris of NAHT and Roger Taylor of PAT.

(ii) Report on lobbying of MPs: Ipswich members met with Jamie Cann on 6th December and Bury St Edmunds members met with David Ruffley on 3rd. Sec. has had no reports of other lobbying.

Arising from the meeting with Jamie Cann, he suggested arranging a meeting with Schools Minister Estelle Morris for up to 4 NUT members from his constituency. Tony and Div Sec have contacted several members to seek their participation and Sec. has written to Jamie Cann to seek to put this into operation before the STRB reports (although there could be some instance reaction if the meeting comes after publication.)

(iii) Letter from Glenys Shepherd, also dated 8th December. Secretary did not circulate this as was originally intended, because, having consulted the proposer (Tony Dooley) and the President, it seemed overtaken by events and unlikely to clarify matters with the members at large. The Division was already talking to MPs on the issue (one of Glenys's requests) and we run the risk, at this time, of giving out conflicting signals. Secretary has therefore produced a draft local circular. EC is asked to agree or amend the wording, before it is sent out by FAX merge and hard copies via Association Secretaries.

Executive Committee is also asked to prepare recommendations to Division Council on how best to pursue the campaign locally and what information should be circulated by Division / Associations at this time (i.e in the period leading up to the STRB report.

c) Conference motions: Please bring your copies of the Conference Motions booklet to this meeting. (The Secretary has a few spare copies only)

The Executive are asked to consider which Motions it wishes to recommend that Associations support, together with proposed amendments (which the Division may submit of its own accord, by March 3rd.)

d) Nominations to Conferences and Courses, etc.

Events notified are:

(i) Health and Safety Advisers' course, Stoke Rochford, 8-10 March. Divisional H&S adviser is Tim Mobb (Northgate HS).

(ii) Equal Opportunities Conference: Tuesday 8th Feb: Whatever happened to Equal Opportunities in Schools?"

(iii) Education and EO Department have issued this advance plan of their particular conferences this year:

Executive Committee is asked to make recommendations on those events the Division should support and seek/decide upon delegates to represent the Division (supported financially by Division funds).

e) Facilities for meetings in Teachers' Centres. Alan Aldred has replied to our queries, which go back to July 1999, re. facilities arrangements for Union meetings in PD Centres. He says that PDCs are not covered by the facilities agreement and that we shall have to pay for them. Secretary has responded saying that this is not acceptable and asking for discussions. In particular, we want the bills for events already committed to be paid for by the LEA. We were encouraged last term to go ahead with the bookings, yet are not told until December that we have to pay.

f) The situation for NQTs and induction. Report from Secretary: . EC to recommend further action. A leaflet from HQ has been sent out to schools "A Helping Hand, the Role of Induction Tutors". Secretary has ordered a few more. Casework of "failing" NQTs is already starting.

g) Redundancies in the Advisory Service: A list of Advisory Teachers "at risk" has been published. There were meetings with staff and Unions in December. NUT is saying that there is not time to proceed to selection for redundancy on April 30th. Several NUT/NATHE members at risk. Secretary needs guidance on policy and procedure re NATHE members.

Secretary to report on relationships with Senior LEA Officers, and meeting with DJET, Rachael Black and Alan Aldred, 21st December, discussing Oakwood and redundancies in Advisory service.

i) Requests for financial support /actionfrom:

• TBF
• Staffordshire University: Handy 1 project
• Oxfam: campaign for Education world-wide, and model resolution proposed:

  We, the Suffolk Division Council of the NUT, note that the International Monetary Fund is one of the world's most powerful institutions and nowhere is its influence more pronounced than in the world's poorest countries. We note with concern that economic growth rates in countries with IMF programmes are less than half of those needed to achieve the 2015 poverty reduction targets agreed by the international community including the UK government. In particular, we note that in Sub-Saharan Africa, 47 million children are out of school and at least 12 countries undergoing IMF programmes in this region have cut spending on education.

  We welcome Oxfam's work to highlight the need to reform the IMF so that its programmes promote human development and in particular investment in education.

  There this Division Council resolves to support the Oxfam Education Now campaign by urging the government to lead a process for reform of the IMF to ensure that none of tis polices or programmes damage access to education in developing countries.

• Outstanding request: Sky Chefs dispute

h) Consideration of Draft "Whistle Blowing" procedure from SCC for use in LMS situations (Copies available for Executive Committee only). Any comments have to be in to Alan Aldred by 31st January.

i) Consideration of furthering the campaign against PRP and Division action / communication with members (Likely to be a major discussion item in the main meeting).

j) Recognition in Headteacher matters: The Union was not included in the discussions held with the LEA on procedures for changing the method of establishing Headteachers' pay and notice of potential redundancies amongst Advisory Headteachers was only sent to NUT, NASUWT and PAT "for information." This was raised with the LEA. AA has replied that "It is our normal practice to consult the two headteachers' associations recognised by the LEA in respect of situations that affect headteachers collectively. This does not preclude the NUT or a other trade union representing an individual headteacher." The Union cannot accept this situation and has raised it with NASUWT and PAT. NASUWT is writing and will copy the response to us. If the LEA stick to the line above, we are suggesting a joint regional deputation to the LEA.

j) Division Council agenda: discussion topics for Part B arising from this EC meeting and recommendations for future meetings.

Section A2: Correspondence (both meetings)

Information Circulars from Headquarters/National Level

1. Deputy General Secretary Elections: two candidates are Kevin Courtney and Steve Sinnott
2. Employment Relations Act 1999: (1) New Maternity Rights: The Act establishes new rights for women whose babies are due on or after 30 April 2000. The Union is considering necessary changes to the Burgundy book. Interim briefing available (on Division's Internet site), dated 14 December.
3. Employment Relations Act 1999: (2) New Entitlement to Parental Leave: came in to operation on December 15th 1999: Initial Briefing. Division needs to approach LEA for discussions in JNC on how the new law affects existing practice. The entitlements under the Act are without pay.
4. Employment Relations Act 1999: (3) New Legal Entitlement to Time of for Family and Domestic Reasons: NUT briefing. Also on website.
5. Computers for Teachers: NUT Information Sheet No 2: November 1999. The scheme will be launched on 12th January. It will provide "at least" £200 off the cost of purchasing a PC or laptop. Details still not worked out, but teachers can register an interest on a dedicated information line: 800 036 6500
6. Length of School Session Times: HQ briefing: re-published on Suffolk NUT website.
7. EMTAG: Up-date.
8. Heating in Schools: NUT Briefing Note.
9. Early Years Development and Childcare Partnerships: brief details of Suffolk EYDCP and advice to Division, including urging NUT representation on EYDCP bodies. Also NUT Briefing on EYDCPs. Andrew Guite has been asked to provide Division Council with some background information re. Early Years in Suffolk, in Part B2. See also Paper E99/123 (15 December 1999).
10. LEA Funding: the national scene and Suffolk's figures, with SSAs in figures and %.
11. Standards Fund Grant 36: Administrative Support in Small Schools. (DfEE Circular 16/99)
12. Soulbury Pay Increases
13. SCITT News
14. From CASE: Parents and Schools, December 1999
15. From SCC: Committee Papers: E99/122 Parent Governors Representation on Local Authority Committees Dealing with Education.
16. From SCC: Committee Papers: E99/125 Suffolk Advisory Service: cuts.
17. From SCC: Committee Papers: E99/129: Best Value Arrangement and E99/130 Modernisation Fund
18. From SCC, Unconfirmed minutes of the Executive Committee of 30th November 1999 and LfL Panel 24th November
19. From LEA: Average salaries for formula funding purposes (particularly helpful in Section 188 situations):

    Age Range	County Average Salary	PTR	Per capita value
    5 -10+	27,550	23.50
    11 - 13+	28,485	17.25
    14 - 15+	28,485	16.75
    16+	28,485	12.00
    Special School	29,900 (includes Head)	variable
    Middle School	27,750	Notional average

20. 2 complaints from members re. the lack of time after the millennium celebrations. What happened to our extra Bank Holiday? Secretary replied that the matter had been discussed in JNC. The only flexibility is with PD Days and it is up to the Head/Governors if they wish not to use one of those.
21. Papers and correspondence with LEA on emergency closure of Oakwood. See Secretary's Report.

Section B: Division Council Business (18:45 - 21:00)

Part B1: Information Exchange and Reports

Registration: Please sign the attendance register and record any apologies for absence. The meeting will be begin at 19:00, giving a period of reading and informal discussion. Motions arising from anything on this agenda should be sent to the Secretary to arrive before the Executive Committee meeting, at 17:15 today.

Reports in the order:

• (i) National (Copies of Executive Reports from HQ and Executive member will be available as and when published), including National Campaigns: PRP
• (ii) Regional (including Regional Meeting on 15th January) John Dixon has been asked to refer to the three items of correspondence concerning the Employment Relations Act (Correspondence items 2-4 above).
• (iii) County

1. Oakwood:

   The LEA accepted a motion from the Governing body for emergency closure on Health & Safety grounds. Division advised against this and suggested that the hazards were removed, and the school could continue to operate, but with certain pupils looked after elsewhere. We were particularly anxious that Yr 11 pupils could continue their GCSE programmes.

   The LEA, as has been their wont throughout, rejected the Union's (and staff's) suggestion. The DfEE has agreed to tempororary closure to August 31st. This means, however, that there can be no Section 188 notice for April and all staff on contracts to Oakwood, including those who only started in January 2000, must be honoured up to August 31st.

   The Division has continued to lobby officers and elected members. The SCC Executive Committee agreed to refer the handling of Oakwood to the Scrutiny Committee. Some officers have had to be criticised for allowing the emergency closure to happen: in October, Cllr Lewis told a divisional delegation that such closure "would not be allowed to happen".

   The staff, buildings etc., are still operating, but only 11 pupils are attending Oakwood part-time, but this is term "Home Tuition", because the school is still technically closed. There is no residential activity, despite the fact that the residential staff are all still reporting for duty and all 50 Oakwood pupils have statements which say they require a residential placement. Yr 11 pupils are receiving 3 days tuition at the West Suffolk College, with 2 Oakwood staff. Some Yr 10 are receiving part time "Home Tuition" based at St Mary's. The rest have some temporary Home Tuition arrangements and a few have been attached to mainstream schools, but, we are told, this is with a package of measures and some money. The fact remains that all Oakwood staff and thei expensive residential and educational facilities are bascially unused, while the pupils are farmed out to unstatisfactory, part-time expedients.

   The LEA are now trying to redeploy Oakwood staff. This could include assisting mainstream schools with difficult pupils. The Union is still pressing for as much of Oakwood's work as possible to be done at Oakwood by Oakwood staff. Of course, the temporary closure was again the worst possible solution for the friends of Oakwood, because you cannot admit children to a closed school, even if everything is there for them. Any other expedient would have been preferable, unless, of course, it has always been your intention to remove this facility from the County's educational provision.

2. Advisory Teachers: See Executive items.
3. Secretary has written to LEA asking them to receive a Regional Deputation on Waiver clauses (arising from decision of Division in December).
4. EMTAG Budget Intentions. £519866 provisionally in budget for EMTAG. No job losses expected in Travellers' Education.
5. Inaccurate statement in "Action 99" (i.e. that there are no KS1 classes over 30), taken up with DJET. No response as yet.
6. Casework: Staff absence for stress. One school in Ipswich had been told to ask their doctors not to put "stress" as a reason for absence from work because the insurance policy would not pay out. This is, of course, not so, and Secretary has written to the Rep there asking that members are informed that they should not ask doctors to falsify sick notes. We also pointed out that the School/LEA must be able to report real reasons for absence, for health and safety monitoring. How else would undue stress in any one establishment, or the service as a whole, be registered?
7. Section 188 Notices: Benjamin Britten High: Proposed to dismiss "up to 5" teaching staff. Division has begun observations as part of the consultation. The carry-forwards have been dropping annually, and last year finished with a deficit in excess of £65,000 yet no steps were taken. Anticipated deficit this year is £135,000. Overspending is mainly on non-teaching staff. Overspending continued even though the deficit increased. The LEA is undertaking a Review, concentrating on Management decision-making, finance and communications, and will be conducting their own curriculum audit. Staff may be interviewed. Echoes of Leiston, but at least they appear to have learnt their lesson in Adrian House and have gone in before we asked them to, this time.
8. Section 188 Notices: Gt Cornard Upper: problems continue from last year and attempts not to take more staff away in one go, wrecking the curriculum viability. Graham White to give an up-date. No written observations submitted as yet.
9. Section 188 Notices: Brantham CP: resolved by voluntary means. Notice withdrawn.
10. Funding for reasonable adjustments for Disability: It would appear that Fair Funding arrangements do not permit LEAs to retain central funds for "reasonable adjustments" under the Disability Discrimination Act. The Suffolk Division did raise this matter with the LEA and HQ during the consultation period and we thought that this funding had been made an exception to the delegated budget. HQ is checking for us what the situation actually is. The LEA is convinced that the school has to meets its part of any expenditure agreed with PACT/Access fund. (Footnote, at HQ Ruth Blunt is now in Membership Department; Juliette Greeley has taken over i/c Equal Ops (Gender and Disability).
11. Assaults against teachers: police action and LEA support. Problems at an Ipswich school continue and the members + Head are dissatisfied with the response from LEA and Police. After assault on a teacher by a parent, it has proved difficult if not impossible to get the LEA to press charges on behalf of the member of staff. They want the police to decide and leave it to the individual who has been attacked to press charges and liaise with the police. We believe that this is not acceptable. Secretary is proposing a meeting between the Head, representatives of the staff, police, LEA, and Union to see if some procedures can be agreed which will enable to school to set some strategies to counter a series of violent acts. Legal assistance form has been sent.
12. County Appraisal Committee: report of meeting on 18th November (Penny Cook to report/answer questions).

• (iv) Associations
• Any other items of business which a member wishes to discuss (including original motions) in part B. The President shall exercise discretion on admitting new items but should not ignore the will of Council.

There will be a short break between the sessions, but timings could be altered to suit the timing of business, as determined by the Executive Committee, subject to the agreement of the Division Council.

Part B2: Discussion and Decision making (20:00 - 21:00)

Early Years (led by Andrew Guite)

PRP campaign: STRB report: Continuing lobby. Division stance on Appraisal Standing Committee. Suffolk LEA's bid to lead a Regional Consortium to Manage the Performance Management Consultants (Penny Cook to lead).

Confirmation / amendment of EC recommendations from Part A1

Division Strategies for Annual Conference 2000

Reminder: Nominations for Division Vice President for 2000-2001 should be made asap. Because of the Presidency is now moving to Bury Association, it is the turn of Ipswich Association to make the next nomination.

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Stop Press:

Late items of Correspondence and Report for Division Council 20/01/2000

Apologies: Glenys Shepherd (Executive Meeting), Garry Deeks and Jackie Marks (in hospital).

Correspondence

1. From STOPP: Demonstration called on 12th February. Executive to consider a recommendation.
2. From SCC re Booster Classes: rate of pay. LEA is recommending £18.33 per hour (point 9 / 1265) and preparation time should be included. Further details from the Secretary or website. The LEA has a new form (KS2/00) on which to record details for payroll. There is also provision for support staff to take part. The letter from the LEA to Heads, dated 11th January 2000, includes the reminder that participation is entirely voluntary.
3. From SCC: Proposed term dates for 2001-2002:

Reports National Executive: Executive Report No 67 available. Glenys writes:

1. OFSTED: New NUT guidance to be prepared.
2. GTC: Talks taking place eg. on disciplinary and competency procedures
3. Executive meeting 9/12/99: A single debate on PRP and Performance Management. Arising from the completion of unfinished business from the previous meeting. Full text set out in Executive News. A complicated debate with a repetitive final outcome. For the record, I voted against the first amendment, for the second, against the third and for the substantive motion.

Reports: Secretary:

1. Premature Retirement: Secretary has tabled PRIEF for next JNC meeting and written to LEA asking for a break down on gender, ethnicity, part/full time, status (Head/Deputy) and age for the applicants and successful applicants for Premature Retirement this year and last. We are concerned that there is a lack of fairness and no opacity in the arrangements. There is no appeal, either. It all appears to rely on how good a case your Governors make.
2. Advisory Service: redundancies. Secretary has responded by 17th January (original timetable) pointing out that that timetable was not acceptable / legal. Rachael Black has written to heads admitting that the timetable will change, but not to us. Union has pointed out that the Financing of Maintained Schools Regulations 1999 allows LEAs to withhold any amount of central funding on "expenditure which enables pupils to enhance their experience of the visual and performing arts other than music" (music is dealt with elsewhere).
3. Literacy Consultants: They have been told they have to re-apply for their jobs from April 2000, because they were deemed to be on fixed-term contracts. In fact, their contracts do not give a fixed term, and are only funding-dependent. Only the NUT has pointed out that this is an error, and the Advisory Service administration, once again, is found wanting.
4. Oakwood School: Paper E00/1 was a report on Oakwood. Secretary contacted all Executive Councillors by e-mail to urge a re-opening of Oakwood. The interim arrangements are already costing an extra £4,000 a week, for just 5-15 hours a week tuition. Secretary has called this "paying twice for half". The arrangements for this term and next propose placing 24 Oakwood pupils back into the mainstream. Our concerns were taken up only by the Conservative side, and voted down. There remain some hopeful signs. Andrew Guite attended the meeting and can report to the Division Council.
5. Oakwood School: Redundancy procedures: The LEA has attempted to send a "sort of" Section 188 notice, which says that it will become a Section 188 notice if the decision is taken to close the School permanently. Secretary has responded that we cannot respond on such a basis. We will expect all the legal processes required to propose formal closure to be implemented, and this will take far too long to permit redundancy procedures to be completed by May 31st, notification date.
6. EBD Review Panel Report: This was received with the papers for the Learning for Life Panel meeting on 20th January. Secretary has responded, largely welcoming the report, which seeks to promote the inclusion of pupils with EBD, but pointing out that existing provision, including Oakwood, will be needed during the gradual change of emphasis to inclusive strategies. The need for considerable extra resources, including InSeT for mainstream staff, was stressed. Copies available.
7. Disability: Headquarters has responded to Secretary's enquiries saying that we should urge the LEA to withhold central funding to assist schools in meeting their obligations to disabled members of staff re. the Disability Discrimination Act by relying on a clause in the above mentioned Fair Funding regulations. This allows "Expenditure without which the education of pupils at a school would be seriously impaired and which because of both its size and unexpectedness it would not be reasonable to expect the governing body to meet from the school's budget share." This has yet to be tried out on the LEA.
8. Disability Working Party Nomination: Wendy Stapleton's nomination was made. There is another candidate from Cambridgeshire. Wendy has been asked to provide some details for a postal ballot of ERC members, to be at Regional Office tomorrow (Friday).
9. Casework has included a case of an NQT deemed to be failing: under the new induction procedures, this is a particularly serious matter.

Reports: Local Associations: Ipswich Association copied a letter to HQ re. costs of sponsoring members of National Advisory Committees.

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