Thursday 04 May 2023
The Committee for Education, Sport & Culture has today published its proposals for a new Education Law to replace the outdated legislation currently in operation.
This is a significant milestone and one which has been discussed by successive Education Committees, but proposals have not been presented to the States for formal agreement until now. If agreed by the States, the Committee's proposals will result in a suite of new education legislation which is fit for purpose for the 21st century.
The current Education Law is widely regarded as no longer fit for purpose. It was agreed in the 1970s, but is based on UK legislation from the 1940s with some of its contents based on educational practice dating as far back as the turn of the last century.
It is imperative that we create an education system that reflects the needs of learners, and the wider community, in the 21st century. Our education system must equip and empower all learners to be rounded citizens and active contributors to the community they live in, recognising that the future prosperity of the islands rests in no small part on their shoulders. The foundation of the education system is the legislative framework that underpins it.
The island's children are at the heart of the proposals, ensuring we are strengthening and improving their educational experience. Updating the Law is a key priority for the Committee this States term and its proposals include:
Governance
The flagship and most high profile of its proposals for the new Education Law is the introduction of governance boards which are key in facilitating continuous improvement in education. Being on governance boards will enable islanders who are passionate about improving education to represent local school and The Guernsey Institute communities and act as a critical partner to education leaders. The introduction of governance boards removes the requirement for the Committee to provide direct governance to all 20 States-maintained education settings and would, instead, enable the Committee to focus on system-wide policymaking and governance. The proposals provide a legal framework for governance boards, their purpose, constitution and high-level duties.
In addition to publishing its policy letter on the new Education Law, the Committee has today also published a short animation to further explain its proposals for the new education governance delivery model. This can be viewed via the States of Guernsey's social media accounts and on the States' website at www.gov.gg/educationlaw
Safeguarding
Ensuring that protective measures are in place to keep learners safe is a critical component of any modern education system. Guernsey's current Education Law is, however, virtually silent on safeguarding which is something the Committee is very keen to address. Importantly, the proposals formalise current safeguarding practice in our schools and in The Guernsey Institute and ensure the new Law can adapt to accommodate any future requirements. For example, the proposals include a legal requirement for all schools to hold a central register of all staff (along with regular contractors/volunteers) who are on site with details of current DBS checks and other important safeguarding information. There will also be a legal duty for the Committee to identify children missing education, which will be met by requiring all children to be registered either on a school (States-maintained or independent) roll or registered as being home educated. While these practices happen now, there is no existing legal requirement and the Committee considers it important to remedy this.
Additional learning needs
The new Education Law will, if agreed by the States, require that a Code of Practice is available at all times which sets out the processes and services in place to support learners with additional needs and their families. The current code of practice is in the process of being updated and having a legal requirement will strengthen and support work in this important area.
Careers
The new law will create a requirement that independent, professional and impartial careers information advice and guidance is available to all, recognising the changing world of work and the expectation that today's young people will have several changes of career during their working lives.
Home Education
Alongside establishing a register of home educated children and young people which supports the Committee in meeting its safeguarding duties, the new legislation intends to improve support for this group of learners, including the introduction of a legal requirement that they are provided with access to exams/qualifications.
Corporal punishment
By way of example as to how outdated the current Education Law is, corporal punishment is not explicitly prohibited in it. While this is a practice that has not been used in modern education systems for decades, the new law will explicitly forbid it.
Deputy Andrea Dudley-Owen, President of the Committee for Education, Sport & Culture, said:
'The vast majority of parents, carers and students will thankfully never have a reason to directly interact with the Education Law. That is both positive and to be expected in a community such as ours. Nevertheless, we cannot understate the importance of having an Education Law which sets out the universal entitlement of our children, meeting the needs and expectations of a modern education system. I've likened it before to an invisible safety net which offers protection for our young people and ensures the way we deliver education is appropriate for a modern, forward-thinking jurisdiction.
'The current Education Law is over 50 years old and is actually based on UK legislation from many years before that. Securing States approval to update the law has been a priority for our Committee this term and I believe we've taken a practical but aspirational approach providing future Committees with the flexibility needed to enable this law to be in place for decades to come. We have also built on the work undertaken by the previous Committee, but reviewed proposals through a post-pandemic and post-Brexit lens so they are appropriate for our local context.
'Our flagship proposal, and those which will bring about the most visible change for the community, overhaul our system of education governance. The current law requires that the Committee for Education, Sport & Culture governs all States-maintained education settings. This means the political committee has direct responsibility for governing 20 education settings, meeting the needs of about 7,000 students. We do not believe this is an effective system so we are proposing new governance arrangements. If agreed by the Assembly, our proposals will establish governance boards for education settings, with the legislation outlining their purpose, constitution and high-level duties. I would encourage anyone interested in this key proposal to watch the short animation we have published to explain it further.'
The full policy letter on the Education Law can be read at: States Meeting Information - States of Guernsey (gov.gg)
