School closures and RAAC – what you need to know

What will this mean for pupils?

If alternative teaching space within existing buildings cannot be found quickly, many schools and colleges will have to request that students remain at home and send work to be completed at home. This is likely to involve returning to 2020-2021 lockdown-type provisions such as completing classwork and homework online via Google Classroom and Microsoft Teams. In this way, schools will be ensuring that children’s right not to be denied an education is being preserved and they will be acting in line with their duty of care to prevent education suffering.

However, as always, careful thought needs to be given to wellbeing and how to provide education to those pupils that require additional support such as those with special educational needs/disabilities (SEND) or additional learning needs (ALN). As school closure due to RAAC is not accompanied by any government restrictions over social distancing, it may be possible for schools to cater for SEND and ALN pupils by providing in-person access to teaching or support staff at alternative locations. Ensuring that disabled pupils are treated no less favourably as a result of their disability will be critical to help prevent future discrimination claims arising from any adapted teaching arrangements.

Separately, any pupils without access to appropriate IT equipment may need to be provided with this during the closure period.

Extra-curricular trips and activities may still be able to go ahead, albeit there may need to be alternative pick up arrangements if pupils cannot congregate within closed school buildings.

What will this mean for staff?

School and college staff, such as teachers, teaching assistants and learning support assistants, may find themselves being asked to work from alternative teaching spaces within buildings that do not have RAAC, or to return to remote ways of working.

Employers should check the terms of staff contracts, handbooks and policies, as they may contain a clause that entitles the employer to change the employee’s place of work, subject to certain limitations. If such a clause does not exist, there may be a ‘flexibility’ or ‘variation’ clause that allows the employer to make changes to certain terms of employment, such as normal place of work, in certain circumstances. If an employer is considering changes to a contract using such clauses, they must still:

• explain the change they’re considering and the reasons why; and
• consult with the employee; and
• consult with the unions as appropriate.

It will also be important to follow the same steps as during the pandemic to ensure that homeworking is appropriate and safe for employees, and that appropriate equipment is available.