Welcome to the 2023 – 2024 academic year. There have been several updates to key documents during the summer, so we would like to draw your attention to four of them in particular.

DfE Exclusions Guidance with effect from 1st September

The DFE recently updated their guidance and the following changes come into effect from 1st September 2024. (The amended regulations apply to exclusions that occur on or after 1st September 2023; the previous guidance still applies to exclusions that occurred before this date, with the exception of offering parents remote meeting option, as outlined below).

1. Headteacher’s ability to cancel an exclusion before the governing board has met to consider whether the pupil should be reinstated.

Part three – p13 para.13:

• The Headteacher must notify parents, the governing board, the LA and the pupil’s social worker and VSH as applicable, without delay. The notification must also provide the reason for the cancellation.
• The governing board’s duty to consider reinstatement ceases, and there is no requirement to hold a meeting for this.
• The pupil must be allowed back into the school from which they were excluded without delay.
• Any days spent out of school as a result of any exclusion, prior to the cancellation, will count towards the maximum 45 school days permitted in any school year (see paragraph 6).

p14 para.14:

• A permanent exclusion cannot be cancelled if the pupil has already been excluded for more than 45 days in a school year, or if they will have been so by the time the cancellation takes effect.

2. Guidance on Social workers’ and VSHs’ remote access to meetings.

Part five – p30 para.80:

• Social workers and Virtual School Heads (VSHs) must be allowed to join a governing board meeting or Independent Review Panel (IRP) via the use of remote access, regardless of the format chosen, as long as the governing board / arranging authority are satisfied they will be able to participate effectively, that they can hear and be heard / see and be seen throughout the meeting, and that their remote participation will not prevent the meeting being fair and transparent. Further information can be found in paragraph 251.

3. Requests for remote access meetings for governing board meetings and IRPs.

Governing board reinstatement meetings and IRPs can now be held via the use of remote access (for example, live video link) for suspension and permanent exclusions if requested by the parents, provided certain criteria are satisfied.

Part eleven – p66-69

• Where a parent does not request a remote meeting or does not state a wish either way, governing boards and arranging authorities must hold the meeting in person. Exceptions are allowed only in extraordinary circumstances, for instance school closure because of floods, fire, or an outbreak of infectious illness.
• If there are technological or internet issues during a remote meeting which cannot be resolved, a face-to-face meeting must be arranged.
• Governing boards, arranging authorities and panel members must confirm all participants have access to technology which allows them to hear and speak in a meeting, and to see and be seen.
• Governing boards must assess whether a meeting can be held fairly and transparently via remote access. Guidance on this in the text, and in Annex A.
• Where an exclusion began before 1 st September 2023 and the meeting has not yet been held, the headteacher must notify parents as soon as possible that they can ask the governing board to hold the meeting via remote access. Guidance on this paragraphs 254-257.

Academy handbook 2023 – changes with effect from 4 th September

This year’s handbook is a shorter and sharper document. It contains several key changes, including:

• Related party transactions: an increase in the threshold beyond which ESFA approval is required for related party transactions – from £20k to £40k
• Annual reporting: removing the requirement for explanations in annual accounts when holding fewer than six board meetings per year
• Budget setting: providing an additional month to submit annual budget forecast returns
• Budget monitoring: providing more discretion in the distribution of management accounts
• Sustainability: confirming that salary sacrifice schemes can be set up for electric vehicles, in most cases without ESFA approval

The academy trust handbook is available here.

New Ofsted Inspection Handbook and Education Inspection Framework

These also come into effect from 1st September. Changes were made in both July and August 2023, so it is worth having another look even if you read it before the summer.

Changes made in August 2023 include:

• A new section on schools raising concerns
• Clarification that in trusts of more than 40 schools the chair of the board of trustees may delegate some meetings (no more than half) to another trustee
• Clarification regarding the DFE’s minimum expectation of 32.5 hours for the length of the school week

Safeguarding has seen several changes within both the Handbook and EIF, a key one being greater attention being paid to a school’s “safeguarding culture”. This is included within leadership and management:

“Leaders have created an open and positive culture around safeguarding that puts pupils’
interests first. This means they:

• protect pupils from serious harm, both online and offline
• are vigilant, maintaining an attitude of ‘it could happen here’
• are open and transparent, sharing information with others and actively seeking expert advice when required
• ensure that all those who work with learners are trained well so that they understand their responsibilities and the systems and processes that the provider operates and are empowered to ‘speak out’ where there may be concerns
• actively seek and listen to the views and experiences of learners, staff and parents, taking prompt but proportionate action to address any concerns, where needed
• have appropriate child protection arrangements, which: identify learners who may need early help, and who are at risk of harm or have been harmed – this can include, but is not limited to, neglect, abuse (including by their peers), grooming, exploitation, sexual abuse and online harm; secure the help that learners need and, if required, refer in a timely way to those who have the expertise to help; and manage safe recruitment and allegations about adults who may be a risk to learners are receptive to challenge and reflective of their own practices to ensure that safeguarding policies, systems and processes are kept under continuous review“

paras 367 / 371 Ofsted Inspection Handbook 2023

There is also clarification on schools with minor safeguarding concerns. On 4th September, Ofsted clarified that schools with a minor concern will be given opportunities to address this during the visit.

“Minor improvements are only things that do not have an immediate impact on the safety of
pupils. This could include administrative errors in paperwork or out-of-date policies.

Schools may be able to make minor safeguarding improvements before the end of their
inspection. If they cannot, provided they have taken steps to resolve the issue,
safeguarding can still be judged effective.”

Lee Owston, Deputy Director, Ofsted

Ofsted have also clarified the language of what they mean by ‘leadership’:

“…leaders are those responsible for making decisions about how the school operates,
including decisions relating to behaviour and the curriculum. This always includes the
headteacher and other senior staff. For an academy, it includes leaders at a trust level as
well.“

These clarifications are made throughout the updated documents. This does mean in Trusts that inspectors will want to speak to the Chair and other trustees. This can be arranged virtually or face-to-face.

Clarifications have also been around what and who will be included in deep dives. For subject reviews, deep dives can include:

• lesson visits
• work scrutiny
• middle lead discussions (note: middle leaders can be accompanied if this does not prevent them from fully participating in the discussion)
• meeting groups of pupils – without staff present so students feel able to speak freely
• meeting with staff – without senior colleagues – to be able to speak freely

A new section has also been specifically added on behaviour and attendance. Ofsted reasonably expects schools to address attendance issues and will now assess the “school’s capacity” to address attendance issues. Attendance changes can be found from paragraph 292 of the handbook.

There is also a new section on inspectors’ conduct. The guidelines themselves were shared in September 2022 but are now also referenced in the handbook.

The guidance is very clear about expectations for inspectors:

“It is important that inspectors establish and maintain a positive working relationship with
providers, based on courteous and professional behaviour. Inspectors will take all
reasonable steps to prevent undue anxiety and to minimise stress during the inspection or
regulatory activity. We expect our inspectors to uphold the highest professional standards in
their work, to act with integrity and to treat everyone they meet fairly, with respect and with
sensitivity.“

Paragraph 8, Ofsted Handbook 2023

The code of conduct also shares expectations for providers, so do have a look at these.

Other changes include leaders being able to share, where appropriate, the inspection outcome and information. However, this information should not be shared with parents and carers until formally able to do so.

Alternative Provisions and Ofsted Inspections

On 1st September the HMI SEND Lead, Steve Shaw, published additional information about how AP curriculums are inspected. SEND and alternative provisions are inspected under the same framework as mainstream schools, as Ofsted “has the same expectations”; but there is now greater clarity around understanding each setting’s “uniqueness and challenges”. Key headlines for this are:

Curriculum design and delivery

There is now greater recognition of the challenges faced by alternative provisions when designing and delivering their curriculum, pendent on the needs of their learners and provision core focuses. These challenges may include:

• awareness of the length of pupil placement e.g. a few weeks, longer or permanent placements
• pupils’ mobility and consistency may vary, with pupils having different jumping-on and jumping-off points throughout the year
• some pupils being placed for a few weeks, others for longer, and some permanently
• that pupils may have gaps in their knowledge, depending on their individual circumstances
• provisions may not have full information provided to them by the time the pupil arrives, or the information may be insufficient
• presentations of pupils of SEND may manifest through challenging behaviours or pupils may be undiagnosed

Consequently inspectors will most likely look to evidence the following:

• How the AP identifies and assesses the needs of pupils
• What the AP does with that information to build an ambitious curriculum around its pupils’ needs
• How coherently the curriculum is sequenced so that it meets all pupils’ needs, starting points and aspirations
• What the AP does to make sure that pupils are able to transition to a suitable destination and lead a successful life

Steve Shaw, Senior Inspector for SEND

Inspectors will also look at commissioning arrangements. This might include sitting down with leaders and the associated commissioning information for particular pupils e.g. looking at a current live placement, their associated documentation and understanding how the curriculum meets the individual needs, so for example:

• How has the curriculum been tailored to the individual?
• How does the curriculum support the individual?

Ofsted were keen to emphasis that they are looking to identify best practice and shine a light on high-quality provision.

Ofsted refers to the DFE alternative provision statutory guidance for this, which can be found here. Head teacher telephone call. During the initial phone call with the headteacher, Ofsted will seekto understand more about the AP’s specific context and how it meets the need of its pupils, so headteachers may be asked to “describe and explain the AP’s core work and objectives.”

Deep dives within APs will include:

• Deep dives of national curriculum subjects
• One deep dive area may be specific to the AP e.g. linked to its core work and objectives for example linked to the four areas of send or a combination.

Please note that HMI is clear that there are no fixed number of deep dives in specialist settings and Aps; however they expect typically four deep dives in larger alternative provisions.

TT Education continues to be best placed to support schools in all aspects of school improvement. Our team of dedicated experts is committed to helping your school thrive in today’s dynamic educational landscape. We understand that every school is unique. Our custom-designed programs and strategies cater to your specific needs and goals. We also specialise in training and career development and can support your team to embrace the latest teaching methods and pedagogical approaches to stay at the forefront of educational innovation.

For more information about our services, please visit www.tteducation.co.uk or contact our events team on 01206 625626.