Forbes Solicitors
Education eNews  October 2018

Keeping Children Safe in Education

An updated version of Keeping Children Safe in Education came into force on 3 September 2018. Annex H on pages 104-111 of Keeping Children Safe in Education sets out the changes in full and is a helpful starting point for school leaders and governors.

In accordance to Part 1, all staff working in schools are required to read at least this first part of Keeping Children Safe in Education. In particular, staff must be aware of the behaviour policy and safeguarding response to children missing education, the role and identity of the DSL and any deputies. If staff have any concerns about a child's welfare, they should act on them immediately.

In accordance to Part 2, the board level lead for safeguarding should sit at governing board or proprietor level. Schools must work with the local authority (LA), a clinical commissioning group for an area within the LA, and the chief officer of police for a police area in the LA area as safeguarding partners.


Capita SIMS data breach affecting pupil data

In July 2018, the ICO formally acknowledged a data breach involving the Capita SIMS system. The data breach affected a number of schools who use their services. The report to the ICO was made pursuant to the GPDR, which came into force on 25 May 2018, which confirms that controllers have an obligation to report data security breaches to the ICO unless there is unlikely to be a risk to individuals.

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Lancashire Education Forum

Tuesday 13th November
Brockholes Nature Reserve

The Lancashire Education Forum is a popular forum which is held termly and free to attend. The forums are aimed at Head Teachers, School Business Managers, Finance & HR Officers, Senior Leadership Teams and Governors who want to keep up to date with relevant changes and developments in the education sector.

To view the full programme and book your place please click here.



European Court of Justice offers clarification of EU Law relating to employment practices in religious institutions

A recent case before the European Court of Justice considered whether, pursuant to EU Law, an employer founded on the principles of a religion or belief can dismiss a worker it requires to follow that religion of belief because of the employee's stance around that belief.

In IR v JQ the ECJ held that it could only do so if there is an occupational requirement that is genuine, legitimate and justified.

JQ was a Catholic manager employed by a Catholic charitable organisation. Under domestic German law on freedom of religion/belief, this employer was permitted to require Catholic staff to follow Catholic doctrine. JQ was dismissed for remarrying after divorce and brought a claim before the courts arguing he would not have been dismissed had he been of a different or no faith.


Questions we have been asked this month

Q: On moving jobs is a teacher able to take resources (such as lesson plans, power point presentations) they've created to a new school provided they don't contain sensitive information? Does this include electronic copies of the resources?

A: Essentially, this will be governed by the teachers' contractual terms of employment. In all likelihood...

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Mock Disciplinary Investigation and Hearing

Wednesday 21 November - Education Partnership Trust, Pleckgate Road, Blackburn, BB1 8QA

Handling investigations in a school setting - How to ensure your investigation process is fit for Employment Tribunal.

Forbes Solicitors Education team in association with The Education Partnership Trust, are delighted to invite you to attend our interactive session on handling investigations based in a school setting.

The prospect of going to an employment tribunal can be daunting. Therefore, how you undertake an investigation and conduct a disciplinary hearing is crucial to ensure that any risk to your school is minimized, and limits any impact on your school and the pupils. Our Mock Investigation and Hearing will demonstrate a realistic insight into the workings of a disciplinary case in a School setting to demonstrate the issues unfolding, including the investigation meetings and disciplinary hearing. There will be the opportunity for discussion about the decision and evidence with learning points throughout where we will discuss best practice in preparation for Tribunals.

The format will be as follows:
08.30am Registration and refreshments
09.00am Introduction
09.15am Mock investigation and hearing
11.00am Questions
11.15am Close

To book your place please click here and complete the online registration form.

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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice