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School Leaders Survey
2016
Research for the School Leaders Survey 2016 was carried out between 20 September and 4 October 2016.
The survey was completed by 941 school leaders in England, of which 53% are headteachers and principals. Responses for the
remaining 47% included CEOs, MDs, deputy CEOs, deputy MDs and principals, assistant principals, finance directors, bursars
and business managers. Nearly three quarters (70%) of respondees are based in secondary schools, 15% in primary schools
and the remainder in middle schools, all-through schools and post-16 settings. Maintained schools represented 40% of the
responses with 52% from academies.
All percentages quoted in this report have been rounded to whole numbers. Where the results total 100%, this may be due to
rounding.
Browne Jacobson and ASCL are grateful to all the school leaders and senior managers, both members and non-members of
ASCL, who gave their time generously to participate in this study.
About the research
School Leaders Survey 2016 | Contents page | 3
contents
Foreword by Browne Jacobson 4
Foreword by ASCL 6
Key findings 8
Policy pressures 10
Modern foreign languages 14
Term-time absences 16
Prevent in the classroom 18
Competing priorities 20
About Browne Jacobson and ASCL 22
School Leaders Survey 2016 | Foreword by Browne Jacobson page | 4
In March, the government published its education sector white paper entitled‘Educational Excellence Everywhere’, which
set out an ambitious five year plan to deliver academisation across all schools in England by 2022. The referendum on Brexit
ultimately led to a change in Prime Minister and a new Education Secretary with a consequential shift in education policy.
In early September Justine Greening, the new Education Secretary, published a consultation document,‘Schools that work
for everyone’. Whilst much of the focus of the headlines has been on the proposals for grammar schools in the consultation
document, a number of other controversial proposals were also included.
The consultation document left many guessing the fate of the white paper from March, but with a written statement to
Parliament at the end of October, Lord Nash, Parliamentary Under Secretary of State for the School System, appears to
have‘parked’any proposals in the white paper requiring legislation by saying: “Our ambition remains that all schools should
benefit from the freedom and autonomy that academy status brings. Our focus, however, is on building capacity in the system
and encouraging schools to convert voluntarily. No changes to legislation are required for these purposes and therefore we do not
require wider education legislation in this session to make progress on our ambitious education agenda.”
foreword by Browne Jacobson
Welcome to the report on the findings of our fourth annual survey of school leaders. Once again, we are
delighted to have carried out this year’s survey in partnership with ASCL. This year’s survey provides an
interesting opportunity to take stock of how opinions and attitudes have changed following what has been
a busy year in education policy terms.
The referendum on Brexit ultimately led
to a change in Prime Minister and a new
Education Secretary with a consequential
shift in education policy.
“
”
School Leaders Survey 2016 | Foreword by Browne Jacobson page | 5
Against this backdrop, it is perhaps unsurprising that the survey found higher levels of dissatisfaction than in the previous
year.
It is striking from the survey responses that, amid all the pressures leaders face, the financial pressures are clearly being
acutely felt. The current one year delay in introducing the new funding formula will certainly be keenly felt by many.
There are many examples of government policies and external pressures that are affecting our schools. These include an
increasing demand for extra school places, particularly at secondary level, a worrying problem with the supply of teachers,
and ever-changing, controversial curriculum mandates. These challenges are contextualised in a complex and diverse
system, comprising of maintained schools and academies with concern growing about a lack of appropriate and joined up
accountability and regulation. Amidst these challenges, there is significant opportunity for school leaders to step forward and
lead the system.
If you would like to discuss our findings, please get in touch.
Nick MacKenzie
Partner
Browne Jacobson LLP
School Leaders Survey 2016 | Foreword by ASCL page | 6
With this in mind, there is absolutely no doubt about the key finding of this survey and it is, of course, the extremely
precarious state of school funding. One of the most striking statistics is the soaring level of dissatisfaction with current
government policy on funding (94% of respondents were either very dissatisfied or dissatisfied). Consequently, the need to
manage reduced or stagnant budgets is considered a priority by nearly all school leaders (95%) who responded.
It is worth reflecting at this point on exactly what is causing these funding pressures. While the government has committed
to‘protecting’the schools’budget, this has in practice meant freezing the level of funding per pupil. Obviously, this is
actually a real-terms cut because of rising costs, and it is one made particularly severe because of big increases in employer
contributions to pensions and National Insurance. The resultant funding gap has left many schools in the lowest-funded areas
of England in a very serious situation with real concerns about how they can deliver a full curriculum.
foreword by ASCL
We are once again very pleased to be working with Browne Jacobson on this annual survey and report
which provides useful insights into the views of school leaders over time, and in response to prevailing
government policies. It helps us to understand what the impact of those policies are on the ground and is
therefore of tremendous value to ASCL in representing our members, and also, hopefully, to policymakers
themselves.
the need to manage reduced or stagnant
budgets is considered a priority by nearly all
school leaders (95%) who responded.
“
”
School Leaders Survey 2016 | Foreword by ASCL page | 7
The government’s planned introduction of a national funding formula for schools is a necessary step and its delay is most
regrettable. When it is eventually introduced, it should hopefully address the historic inequities of a system in which the level
of funding can vary widely between similar areas, and thereby ease some of the pressure on the most poorly funded schools.
However, it is important to understand that it will not address the fact that the overall level of funding in the school system
is simply not sufficient. The situation in the 16-19 sector, which is unaffected by the new funding formula, is particularly
worrying. This is because it faces all the additional cost pressures described above on top of significant cuts in the last
parliament.
School and college leaders are currently being left to manage budgetary decline as best they can. If, as a country, we want to
see a continued increase in standards, we must match that aspiration with the investment which is necessary to deliver those
objectives.
Malcolm Trobe
Interim General Secretary
Association of School and College Leaders (ASCL)
page | 8
key findings
Government policies (see page 10)
•	 94% of school leaders are dissatisfied with the government’s funding of schools, of which 74% are very dissatisfied – a rise
of 35% on last year’s survey.
•	 Three quarters (75%) of leaders felt negative when asked about the impact the government’s education policy is having
on their schools compared to 12 months ago. Only 9% of leaders were positive.
•	 Around half of all school leaders (47%) felt negative when asked about the educational prospects of their pupils, as a
result of external factors compared to 12 months ago.
School Leaders Survey 2016 | Key findings
Modern foreign languages (see page 14)
•	 Only one in five (20%) school leaders believe they will be able to deliver on the government’s target of getting 90% of
pupils to take a foreign language to GCSE level over a four year period.
•	 Low levels of pupil interest in languages after KS3 was identified as the biggest challenge in teaching foreign languages.
68% of those that had encountered difficulties identified this as a challenge. The perception language examinations were
difficult (53%) and issues with teacher supply (52%) were also seen as major challenges.
•	 62% of leaders believe that introducing more foreign language teaching at primary school level would improve take up
after KS3, whilst around half (49%) believe improving teacher supply levels would also help.
Term-time absences (see page 16)
•	 31% of school leaders have reported an increase in the number of applications for term-time absences since the
Platt v Isle of Wight case.
•	 83% of school leaders said the judgment had had no effect on the number of applications they had granted.
•	 67% stated the case had had no effect on the number of parental fines issued as a result of breaches.
page | 9School Leaders Survey 2016 | Key findings
Prevent in the classroom (see page 18)
•	 More than three quarters (78%) have not faced any significant difficulties in implementing the government’s Prevent
Duty.
•	 Of those that did, more than half (58%) cited the use of the term‘British values’as opposed to just‘values’as particularly
challenging, while more than one third found it difficult identifying quality training for staff (40%) and managing the
added workload created by the duty (37%).
31% of school leaders have reported an
increase in the number of applications for
term-time absences since the Platt v Isle of
Wight case.
“
”
Priorities (see page 20)
•	 More school leaders than ever before (95%) see managing a reduced or stagnant budget as a priority over the next 12
months.
•	 90% of school leaders say that implementing the curriculum changes coming on stream will be a priority over the coming
year.
page | 10
policy pressures
School Leaders Survey 2016 | Policy pressures
The School Leaders Survey 2016 has uncovered growing
levels of dissatisfaction with the government’s education
policy and the negative impact it is having or is likely to have
on their schools, pupils and levels of financial stability, now
and over the coming 12 months.
Last year, less than half of all school leaders (42%) felt
negative about the impact the government’s education
policy was having on their organisation, compared to the
previous 12 months. One year on, and the situation appears
to have significantly worsened with 75% now feeling
negative; of these, one in four (26%) are very negative.
Leaders are equally concerned about the impact the
Department for Education’s (DfE) policy is likely to have on
the educational prospects of pupils over the coming year,
with levels of negativity rising to record levels; around half of
all school leaders (47%) feel negative compared to 25%
12 months ago.
However, the greatest levels of concern were reserved for
the government’s funding policy. According to our survey,
the vast majority of leaders (87%) felt negative about the
financial prospects for their schools over the next
12 months, a rise of 20% on the previous year.
How satisfied are you with current government policy for each of the following?
Q:
Academisation
English Baccalaureate
Funding
Teacher training
Inspections / Ofsted
Place planning
Key stage 1 assessments
Key stage 2 assessments
GCSEs
A Levels
Vocational education
Verysatisfied
Satisfied
4
1
-
1
1
-
-
-
-
-
-
17
9
1
12
17
7
4
4
8
9
6
Neithersatisfiedordissatisfied
22
15
3
21
37
27
11
8
11
17
17
Dissatisfied
28
27
20
33
25
28
16
25
37
27
27
Verydissatisfied
26
36
74
31
18
27
19
29
31
18
27
Unsure/NA
2
11
1
2
1
10
50
34
12
28
22
25%
50%
0%
100%
75%
Academisation
English
Baccalaureate
Funding
Teachertraining
Inspections/
Oftsed
Placeplanning
Keystage1
assessments
GCSEs
Alevels
Vocational
education
Keystage2
assessments
School Leaders Survey 2016 | Policy pressures page | 11
How do you assess the impact of educational policy on your organisation compared with 12 months ago?
Q:
16%
10%
20%
0%
40%
30%
Positive Neither positive /
negative
Very positive Negative Very negative Unsure / don’t
know
50%
2015 2016
Key
Balancing the books
In his last Spending Review and Autumn Statement (2015), the former Chancellor George Osborne told MPs:“not only is the
schools budget protected in real terms, but the total financial support for education, including childcare and our extended further
and higher education loans will increase by £10 billion”.
Despite these encouraging words, the reality for thousands of school leaders seems to paint a somewhat different picture,
according to our latest survey. The pressure on school leaders to manage reduced or stagnant budgets has never been
greater. In the current academic year, it will be a priority for 95% of school leaders, and for more than two thirds (67%), it will
be a major priority. This is the highest it has been since we first carried out the survey four years ago and has prompted some
school leaders in areas such as West Sussex, one of the lowest funded regions in the country, to contemplate reducing the
number of school hours or possibly even reducing the school week to four days.
Other schools are reportedly looking at alternative ways of reducing costs, including cutting back on staff, increasing class
sizes, formally collaborating with other schools to reduce central spends, scaling back curriculum offers, and exploring new
and innovative ways to generate income. Challenging times
lie ahead.
To what extent will managing a reduced or
stagnant budget be a major priority for you over
the next twelve months?
Q:
25%
50%
0%
100%
75%
20142013
67%
2016
38%
55%
2015
40%
This picture is supported by the Institute for Fiscal Studies
(IFS) which explains the reasons that schools are feeling
the‘pinch’is down to rising costs, such as higher National
Insurance and pension contributions. The IFS forecasts
“School spending per pupil is likely to fall by around 8% in real
terms between 2014–15 and 2019–20”.
Our survey highlights growing dissatisfaction with the
current position, with 94% of school leaders dissatisfied
with the government’s funding of schools – a four year high.
Of these, 74% were very dissatisfied, a rise of 35% on the
previous year.
There were no discernible differences between academy and
maintained school leaders; three quarters of all academy and
maintained school leaders surveyed are very dissatisfied with
the government’s funding policy for schools.
5%
2%
16%
7%
35%
15%
27%
49%
26%
15%
2% 1%
School Leaders Survey 2016 | Policy pressures page | 12
The government is firmly committed to introducing fairer funding for schools,
high needs and early years. This is an important reform, which will fairly and
transparently allocate funding on the basis of schools’ and children’s actual needs,
rather than simply on historic levels of funding tied to out-of-date local information.
Justine Greening, Education Secretary, July 2016
“
”
Don’t know /
unsure
Neither
satisfied /
dissatisfied
Very
satisfied/
satisfied
Dissatisfied/
Very
dissatisfied
How satisfied are you with current government policy on funding?
Q:
25%
50%
0%
100%
75%
2013
2014
2015
2016
Very satisfied
Satisfied
Neither satisfied / dissatisfied
Dissatisfied
Very dissatisfied
Don’t know / unsure
2
42
-
39
17
-
1
23
-
39
36
-
1
6
10
42
39
9
-
1
3
20
74
1
2013
2014
2015
2016
School Leaders Survey 2016 | Policy pressures page | 13
page | 14
modern foreign languages
In November 2015, the government published a consultation setting out its target of having
90% of pupils in mainstream secondary schools entered for the English Baccalaureate (EBacc). The EBacc is
made up of five subjects: english, mathematics, history or geography, the sciences and a foreign language.
It is the inclusion of a foreign language which has proven to
be the most challenging aspect of EBacc, with many leaders
doubting whether the target is achievable due to a range
of factors, including teacher supply. In 2015, the number of
pupils taking German at GCSE fell by 10% on the previous
year, and French by 6%.
According to our latest survey, 79% of school leaders do not
think they will be able to deliver on the government’s 90%
target over the next four years. One third (32%) say they will
find it difficult to get over 50% of pupils to take one language
to GCSE in their school.
Pupil perception is one of the government’s biggest
obstacles when it comes to increased take-up. More than two
thirds (68%) of those school leaders who had encountered
difficulties highlighted the low levels of interest in languages
amongst pupils after KS3 as the biggest challenge.
In addition, around half (53%) said that pupils’perception
that the exams were difficult also posed another stumbling
block, although the statistics do not appear to substantiate
that this is the case. In 2015, 71% of pupils gained a grade C
or above in French and 74% in German, compared to only
68% in Mathematics. A similar number of school leaders
(52%) highlighted inadequate teacher supply as a major
issue.
For the majority, the answer may lie not in secondary school
but in the primary school setting. Whilst foreign language
teaching is not compulsory at KS1, it is at KS2. However there
is no requirement that languages should be taught in every
year group from Years 3 to 6. Of the secondary school leaders
polled, 62% believed introducing more foreign language
teaching within a primary school setting would improve take
up after KS3.
The reality is that as this general decline continues, the UK risks falling behind on the
world stage. Employers are crying out for more language skills, we all need to realise
that learning a language isn’t just a rewarding way to connect with another culture
but will boost job prospects too.
Vicky Gough, Schools Adviser, British Council, August 2015
“
”
School Leaders Survey 2016 | Modern foreign languages
The legacy GCSE specification is extremely difficult due to the volume of controlled
assessments. The new GCSE spec is not attractive to middle or lower ability; it will be
setting them up to fail. The examinations appear to be extremely difficult, even for
the most able, to pass.
Deputy Headteacher, North West
“
”
page | 15School Leaders Survey 2016 | Modern foreign languages
page | 16School Leaders Survey 2016 | Term-time absences
term-time absences
According to our survey, around one in three of all school leaders (31%) reported a rise in term-time absence applications
since the Platt v Isle of Wight Council judgment back in May. Just over half (55%) reported no change. Interestingly, there was
a marked difference between primary and secondary schools, with 42% of primary school leaders reporting an increase in
applications, compared to 30% for secondary schools.
In 2013, the then Education Secretary Michael Gove introduced tougher regulations aimed at discouraging parents from
taking their children out of school during term-time. However, earlier this year, Mr Platt challenged his local education
authority’s decision to prosecute him for taking his daughter on holiday without her school’s permission after he failed to pay
the initial penalty notice imposed on him by Isle of Wight Council. Mr Platt was successful. The High Court judges held that
Mr Platt had not failed in his legal duty to ensure his daughter attended school‘regularly’. Isle of Wight Council has decided to
appeal the judgment.
The case highlighted the lack of a clear legal definition as to what attending school‘regularly’means, creating some tension
between the legislation and non-statutory guidance on school attendance. This has led to widespread confusion in the
approach to be taken by schools and local authorities in respect of parental requests for term-time holidays, and whether
legal action is still available to enforce regular attendance at school. Derbyshire County Council has recently confirmed that
fines will only be issued in extreme cases of non-attendance and others may follow suit. There were also concerns that the
case would lead to a spike in applications from parents and that has been borne out by our survey findings.
Despite the High Court’s decision, the DfE remains steadfast, confirming that schools may only authorise term-time holidays in
exceptional circumstances. This appears to be backed up by our latest survey, with 83% of school leaders reporting no change
in the number of absences granted since the High Court judgment.
A landmark High Court case which challenged a key plank of the government’s education policy has led to a rise in the
number of term-time absence applications made by parents.
School Leaders Survey 2016 | Term-time absences page | 17
However, the judgment does appear to have led some schools to adopt a more cautious approach in deciding whether to
impose fines; 18% of school leaders responding to our survey said the number of fines they had issued had decreased since
the judgment, with more than two thirds (67%) saying it had no effect on the levels of fines. We would anticpate the number
of local authority prosecutions against parents for unpaid fines to drop if the Isle of Wight Council’s appeal is unsuccessful, on
the grounds that there would be little reasonable prospect of success. At this stage, it is too early to speculate on whether this
will negatively impact on schools’absence rates, but there clearly is potential for it to do so.
The High Court judgment represents a significant
threat to one of the government’s most important
achievements in education in the past six years:
improving school attendance. For this reason, the
government will do everything in their power to ensure
that headteachers are able to keep children in school.
Nick Gibb, Minister for Schools, May 2016
“
”
What effect has the Platt v Isle of Wight case had on the number of term-time absence applications at your
organisation?
Q:
25%
50%
0%
100%
75%
All schools
Increase
Decrease
Nochange
Unsure
All schools
Primary
Secondary
Maintained
Academies
31
42
30
33
32
1
1
1
1
1
55
52
54
53
53
13
5
15
12
14
Primary Secondary Maintained Academies
page | 18
prevent in the classroom
School Leaders Survey 2016 | Prevent in the classroom
Have there been any significant difficulties in
implementing the Prevent Duty? (Base: 897
respondents)
Q:
22+78AYes: 22%
No: 78%
The government introduced its controversial Prevent Duty back in July 2015 under the Counter-Terrorism and Security
Act 2015, aimed at “preventing people from being drawn into terrorism”.
There has been a complete lack of
support when reporting concerns
or an incident as well as complete
overreactions to incidents that are
clearly not terrorist-linked.
Headteacher, South East
“
”
Our 2015 survey highlighted a number of concerns amongst a large proportion of the nation’s school leaders about their
ability to successfully discharge their duty, with more than one in four feeling negative or very negative.
More than 12 months on from its introduction, many of those initial concerns do not appear to have materialised. According
to our research, more than three quarters of school leaders (78%) confirmed that they had experienced no significant
difficulties in implementing the duty.
However, one in five (22%) still encountered significant challenges. One of these related to the use of the term‘British values’
instead of just‘values’. These are identified in the government’s strategy as “democracy, the rule of law, individual liberty and
mutual respect and tolerance of different faiths and beliefs”. However, the term‘British values’has been controversial. Some
school and college leaders have told ASCL that this label is unhelpful, even though the values themselves are sound, as they
are clearly not exclusive to Britain. There is concern that using the label‘British’may alienate students and staff with another
heritage, and has the potential to divide communities and people from different cultural backgrounds. Of those that find
implementation challenging, over half (58%) cited the promotion of‘British values’over just‘values’as the biggest overall
challenge.
The ability to identify quality training for staff also continues to be a key obstacle. In 2015, 21% highlighted concerns over
being able to access the necessary training; in 2016, 40% of those who faced challenges cited this as an issue. A number of
the respondents to the survey also highlighted frustration with other agencies involved in investigating schools’concerns,
in particular the police, suggesting that the multi-agency working criterion to discharge the Prevent Duty needs significant
improvement.
page | 19School Leaders Survey 2016 | Prevent in the classroom
What difficulties have you encountered? (Base: 222 respondents)
Q:
25%
50%
0%
100%
75%
34%
MistrustofPreventagenda
amongstaffand/orstudents
58%
Useofterm‘Britishvalues’
insteadofjust‘values’
12%
Other
Identifyingquality
trainingforstaff
40%
31%
Obtainingappropriateand
skilledlocalauthoritysupport
37%
Managingadditionalworkloads
createdbythenewduty
competing priorities
Whilst the priorities surrounding finance receive attention (and are covered earlier in this report), school
leaders also reported a number of competing priorities.
With the growing financial pressures in schools, it is not surprising that staff restructuring will be a priority for 66% of school
leaders over the next year. Creating or expanding a school group will be a priority for 46% of school leaders, an increase from
28% in 2015. Perhaps this indicates an upward curve that will continue in future years?
Improving exam results and implementing curriculum and qualification changes were, for the second year running, also
named as priority areas by more than 90% of school leaders, with 48% and 52% respectively indicating these areas as major
priorities.
Whilst strengthening governance arrangements was identified as a priority by 54% of school leaders, 42% reported it was not
a priority.
page | 20School Leaders Survey 2016 | Competing priorities
To what extent is each of the following likely to be a priority for you over the next 12 months?
Q:
Major priority (%)
Priority (%)
Key
25%
50%
0%
100%
75%
Managingareduced
orstagnantbudget
Implementingcurriculumand
qualificationchanges
Improvingexam
results
Staffrestructuring
Demonstratingcapacityto
improve(becauseofinspection
judgementorriskof‘coasting’)
Creatingorexpandinga
schoolgroup
Newbuilding/capital
project
Strengtheninggovernance
arrangements
67%
28%
52%
38%
48%
45%
25%
41%
19%
25%
17%
29%
16%
26%
10%
44%
Perhaps this indicates an upward curve
that will continue in future years?
“
”
page | 21School Leaders Survey 2016 | Competing priorities
page | 22
Browne Jacobson is a leading UK law firm offering a
unique collection of specialisms across the commercial,
public, health and insurance sectors. We have offices in
Birmingham, Exeter, London, Manchester and Nottingham
and are committed to being a quality, relationship-led
business.
With over 40 specialist lawyers and HR consultants, we
have one of the largest education teams in the country.
Our multi-disciplinary team is independently recognised
as an award winning and leading provider of legal and
HR services to over 1,000 education organisations from
our five office network, including independent and
maintained schools, academies and their sponsors,
further education colleges, diocesan boards of education,
local authorities, regulatory bodies, educational charities,
universities and professional associations.
We are also one of a small, elite group of law firms
ranked in Band One nationally for education by both
independent legal directories, Chambers & Partners and
Legal 500 and were recently named the winner in the
‘Legal Advisers to Education Institutions’category at the
EducationInvestor Awards 2016.
To find out more visit www.brownejacobson.com.
About Browne Jacobson
The Association of School and College Leaders (ASCL) is a
leading professional body representing more than 18,000
members, including education system leaders, heads,
principals, deputies, vice principals, assistant heads and
business managers of state-funded and independent
schools and colleges throughout the UK.
ASCL members are responsible for the education of more
than four million young people in more than 90 per cent
of the secondary and tertiary phases, and in an increasing
proportion of the primary phase. ASCL works to shape
national education policy, provide advice and support to
members and deliver first-class professional development
across the sector.
To find out more visit www.ascl.org.uk or ring
0116 299 1122.
About ASCL
School Leaders Survey 2016 | About Browne Jacobson and ASCL
The information and opinions expressed in this report are no substitute for legal advice. It is guidance only, if in doubt please
telephone 0370 270 6000.
© Browne Jacobson LLP and ASCL 2016
The information contained within this report is and shall remain the property of Browne Jacobson and ASCL. This document
may not be reproduced without the prior consent of Browne Jacobson and ASCL.
page | 23School Leaders Survey 2016
Browne Jacobson
0370 270 6000
education@brownejacobson.com
@bjeducationlaw
www.brownejacobson.com/education
ASCL
0116 299 1122
info@ascl.org.uk
@ASCL_UK
www.ascl.org.uk

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School Leaders Survey 2016 - Browne Jacobson and ASCL

  • 2. Research for the School Leaders Survey 2016 was carried out between 20 September and 4 October 2016. The survey was completed by 941 school leaders in England, of which 53% are headteachers and principals. Responses for the remaining 47% included CEOs, MDs, deputy CEOs, deputy MDs and principals, assistant principals, finance directors, bursars and business managers. Nearly three quarters (70%) of respondees are based in secondary schools, 15% in primary schools and the remainder in middle schools, all-through schools and post-16 settings. Maintained schools represented 40% of the responses with 52% from academies. All percentages quoted in this report have been rounded to whole numbers. Where the results total 100%, this may be due to rounding. Browne Jacobson and ASCL are grateful to all the school leaders and senior managers, both members and non-members of ASCL, who gave their time generously to participate in this study. About the research
  • 3. School Leaders Survey 2016 | Contents page | 3 contents Foreword by Browne Jacobson 4 Foreword by ASCL 6 Key findings 8 Policy pressures 10 Modern foreign languages 14 Term-time absences 16 Prevent in the classroom 18 Competing priorities 20 About Browne Jacobson and ASCL 22
  • 4. School Leaders Survey 2016 | Foreword by Browne Jacobson page | 4 In March, the government published its education sector white paper entitled‘Educational Excellence Everywhere’, which set out an ambitious five year plan to deliver academisation across all schools in England by 2022. The referendum on Brexit ultimately led to a change in Prime Minister and a new Education Secretary with a consequential shift in education policy. In early September Justine Greening, the new Education Secretary, published a consultation document,‘Schools that work for everyone’. Whilst much of the focus of the headlines has been on the proposals for grammar schools in the consultation document, a number of other controversial proposals were also included. The consultation document left many guessing the fate of the white paper from March, but with a written statement to Parliament at the end of October, Lord Nash, Parliamentary Under Secretary of State for the School System, appears to have‘parked’any proposals in the white paper requiring legislation by saying: “Our ambition remains that all schools should benefit from the freedom and autonomy that academy status brings. Our focus, however, is on building capacity in the system and encouraging schools to convert voluntarily. No changes to legislation are required for these purposes and therefore we do not require wider education legislation in this session to make progress on our ambitious education agenda.” foreword by Browne Jacobson Welcome to the report on the findings of our fourth annual survey of school leaders. Once again, we are delighted to have carried out this year’s survey in partnership with ASCL. This year’s survey provides an interesting opportunity to take stock of how opinions and attitudes have changed following what has been a busy year in education policy terms. The referendum on Brexit ultimately led to a change in Prime Minister and a new Education Secretary with a consequential shift in education policy. “ ”
  • 5. School Leaders Survey 2016 | Foreword by Browne Jacobson page | 5 Against this backdrop, it is perhaps unsurprising that the survey found higher levels of dissatisfaction than in the previous year. It is striking from the survey responses that, amid all the pressures leaders face, the financial pressures are clearly being acutely felt. The current one year delay in introducing the new funding formula will certainly be keenly felt by many. There are many examples of government policies and external pressures that are affecting our schools. These include an increasing demand for extra school places, particularly at secondary level, a worrying problem with the supply of teachers, and ever-changing, controversial curriculum mandates. These challenges are contextualised in a complex and diverse system, comprising of maintained schools and academies with concern growing about a lack of appropriate and joined up accountability and regulation. Amidst these challenges, there is significant opportunity for school leaders to step forward and lead the system. If you would like to discuss our findings, please get in touch. Nick MacKenzie Partner Browne Jacobson LLP
  • 6. School Leaders Survey 2016 | Foreword by ASCL page | 6 With this in mind, there is absolutely no doubt about the key finding of this survey and it is, of course, the extremely precarious state of school funding. One of the most striking statistics is the soaring level of dissatisfaction with current government policy on funding (94% of respondents were either very dissatisfied or dissatisfied). Consequently, the need to manage reduced or stagnant budgets is considered a priority by nearly all school leaders (95%) who responded. It is worth reflecting at this point on exactly what is causing these funding pressures. While the government has committed to‘protecting’the schools’budget, this has in practice meant freezing the level of funding per pupil. Obviously, this is actually a real-terms cut because of rising costs, and it is one made particularly severe because of big increases in employer contributions to pensions and National Insurance. The resultant funding gap has left many schools in the lowest-funded areas of England in a very serious situation with real concerns about how they can deliver a full curriculum. foreword by ASCL We are once again very pleased to be working with Browne Jacobson on this annual survey and report which provides useful insights into the views of school leaders over time, and in response to prevailing government policies. It helps us to understand what the impact of those policies are on the ground and is therefore of tremendous value to ASCL in representing our members, and also, hopefully, to policymakers themselves. the need to manage reduced or stagnant budgets is considered a priority by nearly all school leaders (95%) who responded. “ ”
  • 7. School Leaders Survey 2016 | Foreword by ASCL page | 7 The government’s planned introduction of a national funding formula for schools is a necessary step and its delay is most regrettable. When it is eventually introduced, it should hopefully address the historic inequities of a system in which the level of funding can vary widely between similar areas, and thereby ease some of the pressure on the most poorly funded schools. However, it is important to understand that it will not address the fact that the overall level of funding in the school system is simply not sufficient. The situation in the 16-19 sector, which is unaffected by the new funding formula, is particularly worrying. This is because it faces all the additional cost pressures described above on top of significant cuts in the last parliament. School and college leaders are currently being left to manage budgetary decline as best they can. If, as a country, we want to see a continued increase in standards, we must match that aspiration with the investment which is necessary to deliver those objectives. Malcolm Trobe Interim General Secretary Association of School and College Leaders (ASCL)
  • 8. page | 8 key findings Government policies (see page 10) • 94% of school leaders are dissatisfied with the government’s funding of schools, of which 74% are very dissatisfied – a rise of 35% on last year’s survey. • Three quarters (75%) of leaders felt negative when asked about the impact the government’s education policy is having on their schools compared to 12 months ago. Only 9% of leaders were positive. • Around half of all school leaders (47%) felt negative when asked about the educational prospects of their pupils, as a result of external factors compared to 12 months ago. School Leaders Survey 2016 | Key findings Modern foreign languages (see page 14) • Only one in five (20%) school leaders believe they will be able to deliver on the government’s target of getting 90% of pupils to take a foreign language to GCSE level over a four year period. • Low levels of pupil interest in languages after KS3 was identified as the biggest challenge in teaching foreign languages. 68% of those that had encountered difficulties identified this as a challenge. The perception language examinations were difficult (53%) and issues with teacher supply (52%) were also seen as major challenges. • 62% of leaders believe that introducing more foreign language teaching at primary school level would improve take up after KS3, whilst around half (49%) believe improving teacher supply levels would also help. Term-time absences (see page 16) • 31% of school leaders have reported an increase in the number of applications for term-time absences since the Platt v Isle of Wight case. • 83% of school leaders said the judgment had had no effect on the number of applications they had granted. • 67% stated the case had had no effect on the number of parental fines issued as a result of breaches.
  • 9. page | 9School Leaders Survey 2016 | Key findings Prevent in the classroom (see page 18) • More than three quarters (78%) have not faced any significant difficulties in implementing the government’s Prevent Duty. • Of those that did, more than half (58%) cited the use of the term‘British values’as opposed to just‘values’as particularly challenging, while more than one third found it difficult identifying quality training for staff (40%) and managing the added workload created by the duty (37%). 31% of school leaders have reported an increase in the number of applications for term-time absences since the Platt v Isle of Wight case. “ ” Priorities (see page 20) • More school leaders than ever before (95%) see managing a reduced or stagnant budget as a priority over the next 12 months. • 90% of school leaders say that implementing the curriculum changes coming on stream will be a priority over the coming year.
  • 10. page | 10 policy pressures School Leaders Survey 2016 | Policy pressures The School Leaders Survey 2016 has uncovered growing levels of dissatisfaction with the government’s education policy and the negative impact it is having or is likely to have on their schools, pupils and levels of financial stability, now and over the coming 12 months. Last year, less than half of all school leaders (42%) felt negative about the impact the government’s education policy was having on their organisation, compared to the previous 12 months. One year on, and the situation appears to have significantly worsened with 75% now feeling negative; of these, one in four (26%) are very negative. Leaders are equally concerned about the impact the Department for Education’s (DfE) policy is likely to have on the educational prospects of pupils over the coming year, with levels of negativity rising to record levels; around half of all school leaders (47%) feel negative compared to 25% 12 months ago. However, the greatest levels of concern were reserved for the government’s funding policy. According to our survey, the vast majority of leaders (87%) felt negative about the financial prospects for their schools over the next 12 months, a rise of 20% on the previous year. How satisfied are you with current government policy for each of the following? Q: Academisation English Baccalaureate Funding Teacher training Inspections / Ofsted Place planning Key stage 1 assessments Key stage 2 assessments GCSEs A Levels Vocational education Verysatisfied Satisfied 4 1 - 1 1 - - - - - - 17 9 1 12 17 7 4 4 8 9 6 Neithersatisfiedordissatisfied 22 15 3 21 37 27 11 8 11 17 17 Dissatisfied 28 27 20 33 25 28 16 25 37 27 27 Verydissatisfied 26 36 74 31 18 27 19 29 31 18 27 Unsure/NA 2 11 1 2 1 10 50 34 12 28 22 25% 50% 0% 100% 75% Academisation English Baccalaureate Funding Teachertraining Inspections/ Oftsed Placeplanning Keystage1 assessments GCSEs Alevels Vocational education Keystage2 assessments
  • 11. School Leaders Survey 2016 | Policy pressures page | 11 How do you assess the impact of educational policy on your organisation compared with 12 months ago? Q: 16% 10% 20% 0% 40% 30% Positive Neither positive / negative Very positive Negative Very negative Unsure / don’t know 50% 2015 2016 Key Balancing the books In his last Spending Review and Autumn Statement (2015), the former Chancellor George Osborne told MPs:“not only is the schools budget protected in real terms, but the total financial support for education, including childcare and our extended further and higher education loans will increase by £10 billion”. Despite these encouraging words, the reality for thousands of school leaders seems to paint a somewhat different picture, according to our latest survey. The pressure on school leaders to manage reduced or stagnant budgets has never been greater. In the current academic year, it will be a priority for 95% of school leaders, and for more than two thirds (67%), it will be a major priority. This is the highest it has been since we first carried out the survey four years ago and has prompted some school leaders in areas such as West Sussex, one of the lowest funded regions in the country, to contemplate reducing the number of school hours or possibly even reducing the school week to four days. Other schools are reportedly looking at alternative ways of reducing costs, including cutting back on staff, increasing class sizes, formally collaborating with other schools to reduce central spends, scaling back curriculum offers, and exploring new and innovative ways to generate income. Challenging times lie ahead. To what extent will managing a reduced or stagnant budget be a major priority for you over the next twelve months? Q: 25% 50% 0% 100% 75% 20142013 67% 2016 38% 55% 2015 40% This picture is supported by the Institute for Fiscal Studies (IFS) which explains the reasons that schools are feeling the‘pinch’is down to rising costs, such as higher National Insurance and pension contributions. The IFS forecasts “School spending per pupil is likely to fall by around 8% in real terms between 2014–15 and 2019–20”. Our survey highlights growing dissatisfaction with the current position, with 94% of school leaders dissatisfied with the government’s funding of schools – a four year high. Of these, 74% were very dissatisfied, a rise of 35% on the previous year. There were no discernible differences between academy and maintained school leaders; three quarters of all academy and maintained school leaders surveyed are very dissatisfied with the government’s funding policy for schools. 5% 2% 16% 7% 35% 15% 27% 49% 26% 15% 2% 1%
  • 12. School Leaders Survey 2016 | Policy pressures page | 12 The government is firmly committed to introducing fairer funding for schools, high needs and early years. This is an important reform, which will fairly and transparently allocate funding on the basis of schools’ and children’s actual needs, rather than simply on historic levels of funding tied to out-of-date local information. Justine Greening, Education Secretary, July 2016 “ ” Don’t know / unsure Neither satisfied / dissatisfied Very satisfied/ satisfied Dissatisfied/ Very dissatisfied How satisfied are you with current government policy on funding? Q: 25% 50% 0% 100% 75% 2013 2014 2015 2016 Very satisfied Satisfied Neither satisfied / dissatisfied Dissatisfied Very dissatisfied Don’t know / unsure 2 42 - 39 17 - 1 23 - 39 36 - 1 6 10 42 39 9 - 1 3 20 74 1 2013 2014 2015 2016
  • 13. School Leaders Survey 2016 | Policy pressures page | 13
  • 14. page | 14 modern foreign languages In November 2015, the government published a consultation setting out its target of having 90% of pupils in mainstream secondary schools entered for the English Baccalaureate (EBacc). The EBacc is made up of five subjects: english, mathematics, history or geography, the sciences and a foreign language. It is the inclusion of a foreign language which has proven to be the most challenging aspect of EBacc, with many leaders doubting whether the target is achievable due to a range of factors, including teacher supply. In 2015, the number of pupils taking German at GCSE fell by 10% on the previous year, and French by 6%. According to our latest survey, 79% of school leaders do not think they will be able to deliver on the government’s 90% target over the next four years. One third (32%) say they will find it difficult to get over 50% of pupils to take one language to GCSE in their school. Pupil perception is one of the government’s biggest obstacles when it comes to increased take-up. More than two thirds (68%) of those school leaders who had encountered difficulties highlighted the low levels of interest in languages amongst pupils after KS3 as the biggest challenge. In addition, around half (53%) said that pupils’perception that the exams were difficult also posed another stumbling block, although the statistics do not appear to substantiate that this is the case. In 2015, 71% of pupils gained a grade C or above in French and 74% in German, compared to only 68% in Mathematics. A similar number of school leaders (52%) highlighted inadequate teacher supply as a major issue. For the majority, the answer may lie not in secondary school but in the primary school setting. Whilst foreign language teaching is not compulsory at KS1, it is at KS2. However there is no requirement that languages should be taught in every year group from Years 3 to 6. Of the secondary school leaders polled, 62% believed introducing more foreign language teaching within a primary school setting would improve take up after KS3. The reality is that as this general decline continues, the UK risks falling behind on the world stage. Employers are crying out for more language skills, we all need to realise that learning a language isn’t just a rewarding way to connect with another culture but will boost job prospects too. Vicky Gough, Schools Adviser, British Council, August 2015 “ ” School Leaders Survey 2016 | Modern foreign languages The legacy GCSE specification is extremely difficult due to the volume of controlled assessments. The new GCSE spec is not attractive to middle or lower ability; it will be setting them up to fail. The examinations appear to be extremely difficult, even for the most able, to pass. Deputy Headteacher, North West “ ”
  • 15. page | 15School Leaders Survey 2016 | Modern foreign languages
  • 16. page | 16School Leaders Survey 2016 | Term-time absences term-time absences According to our survey, around one in three of all school leaders (31%) reported a rise in term-time absence applications since the Platt v Isle of Wight Council judgment back in May. Just over half (55%) reported no change. Interestingly, there was a marked difference between primary and secondary schools, with 42% of primary school leaders reporting an increase in applications, compared to 30% for secondary schools. In 2013, the then Education Secretary Michael Gove introduced tougher regulations aimed at discouraging parents from taking their children out of school during term-time. However, earlier this year, Mr Platt challenged his local education authority’s decision to prosecute him for taking his daughter on holiday without her school’s permission after he failed to pay the initial penalty notice imposed on him by Isle of Wight Council. Mr Platt was successful. The High Court judges held that Mr Platt had not failed in his legal duty to ensure his daughter attended school‘regularly’. Isle of Wight Council has decided to appeal the judgment. The case highlighted the lack of a clear legal definition as to what attending school‘regularly’means, creating some tension between the legislation and non-statutory guidance on school attendance. This has led to widespread confusion in the approach to be taken by schools and local authorities in respect of parental requests for term-time holidays, and whether legal action is still available to enforce regular attendance at school. Derbyshire County Council has recently confirmed that fines will only be issued in extreme cases of non-attendance and others may follow suit. There were also concerns that the case would lead to a spike in applications from parents and that has been borne out by our survey findings. Despite the High Court’s decision, the DfE remains steadfast, confirming that schools may only authorise term-time holidays in exceptional circumstances. This appears to be backed up by our latest survey, with 83% of school leaders reporting no change in the number of absences granted since the High Court judgment. A landmark High Court case which challenged a key plank of the government’s education policy has led to a rise in the number of term-time absence applications made by parents.
  • 17. School Leaders Survey 2016 | Term-time absences page | 17 However, the judgment does appear to have led some schools to adopt a more cautious approach in deciding whether to impose fines; 18% of school leaders responding to our survey said the number of fines they had issued had decreased since the judgment, with more than two thirds (67%) saying it had no effect on the levels of fines. We would anticpate the number of local authority prosecutions against parents for unpaid fines to drop if the Isle of Wight Council’s appeal is unsuccessful, on the grounds that there would be little reasonable prospect of success. At this stage, it is too early to speculate on whether this will negatively impact on schools’absence rates, but there clearly is potential for it to do so. The High Court judgment represents a significant threat to one of the government’s most important achievements in education in the past six years: improving school attendance. For this reason, the government will do everything in their power to ensure that headteachers are able to keep children in school. Nick Gibb, Minister for Schools, May 2016 “ ” What effect has the Platt v Isle of Wight case had on the number of term-time absence applications at your organisation? Q: 25% 50% 0% 100% 75% All schools Increase Decrease Nochange Unsure All schools Primary Secondary Maintained Academies 31 42 30 33 32 1 1 1 1 1 55 52 54 53 53 13 5 15 12 14 Primary Secondary Maintained Academies
  • 18. page | 18 prevent in the classroom School Leaders Survey 2016 | Prevent in the classroom Have there been any significant difficulties in implementing the Prevent Duty? (Base: 897 respondents) Q: 22+78AYes: 22% No: 78% The government introduced its controversial Prevent Duty back in July 2015 under the Counter-Terrorism and Security Act 2015, aimed at “preventing people from being drawn into terrorism”. There has been a complete lack of support when reporting concerns or an incident as well as complete overreactions to incidents that are clearly not terrorist-linked. Headteacher, South East “ ” Our 2015 survey highlighted a number of concerns amongst a large proportion of the nation’s school leaders about their ability to successfully discharge their duty, with more than one in four feeling negative or very negative. More than 12 months on from its introduction, many of those initial concerns do not appear to have materialised. According to our research, more than three quarters of school leaders (78%) confirmed that they had experienced no significant difficulties in implementing the duty. However, one in five (22%) still encountered significant challenges. One of these related to the use of the term‘British values’ instead of just‘values’. These are identified in the government’s strategy as “democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs”. However, the term‘British values’has been controversial. Some school and college leaders have told ASCL that this label is unhelpful, even though the values themselves are sound, as they are clearly not exclusive to Britain. There is concern that using the label‘British’may alienate students and staff with another heritage, and has the potential to divide communities and people from different cultural backgrounds. Of those that find implementation challenging, over half (58%) cited the promotion of‘British values’over just‘values’as the biggest overall challenge. The ability to identify quality training for staff also continues to be a key obstacle. In 2015, 21% highlighted concerns over being able to access the necessary training; in 2016, 40% of those who faced challenges cited this as an issue. A number of the respondents to the survey also highlighted frustration with other agencies involved in investigating schools’concerns, in particular the police, suggesting that the multi-agency working criterion to discharge the Prevent Duty needs significant improvement.
  • 19. page | 19School Leaders Survey 2016 | Prevent in the classroom What difficulties have you encountered? (Base: 222 respondents) Q: 25% 50% 0% 100% 75% 34% MistrustofPreventagenda amongstaffand/orstudents 58% Useofterm‘Britishvalues’ insteadofjust‘values’ 12% Other Identifyingquality trainingforstaff 40% 31% Obtainingappropriateand skilledlocalauthoritysupport 37% Managingadditionalworkloads createdbythenewduty
  • 20. competing priorities Whilst the priorities surrounding finance receive attention (and are covered earlier in this report), school leaders also reported a number of competing priorities. With the growing financial pressures in schools, it is not surprising that staff restructuring will be a priority for 66% of school leaders over the next year. Creating or expanding a school group will be a priority for 46% of school leaders, an increase from 28% in 2015. Perhaps this indicates an upward curve that will continue in future years? Improving exam results and implementing curriculum and qualification changes were, for the second year running, also named as priority areas by more than 90% of school leaders, with 48% and 52% respectively indicating these areas as major priorities. Whilst strengthening governance arrangements was identified as a priority by 54% of school leaders, 42% reported it was not a priority. page | 20School Leaders Survey 2016 | Competing priorities To what extent is each of the following likely to be a priority for you over the next 12 months? Q: Major priority (%) Priority (%) Key 25% 50% 0% 100% 75% Managingareduced orstagnantbudget Implementingcurriculumand qualificationchanges Improvingexam results Staffrestructuring Demonstratingcapacityto improve(becauseofinspection judgementorriskof‘coasting’) Creatingorexpandinga schoolgroup Newbuilding/capital project Strengtheninggovernance arrangements 67% 28% 52% 38% 48% 45% 25% 41% 19% 25% 17% 29% 16% 26% 10% 44% Perhaps this indicates an upward curve that will continue in future years? “ ”
  • 21. page | 21School Leaders Survey 2016 | Competing priorities
  • 22. page | 22 Browne Jacobson is a leading UK law firm offering a unique collection of specialisms across the commercial, public, health and insurance sectors. We have offices in Birmingham, Exeter, London, Manchester and Nottingham and are committed to being a quality, relationship-led business. With over 40 specialist lawyers and HR consultants, we have one of the largest education teams in the country. Our multi-disciplinary team is independently recognised as an award winning and leading provider of legal and HR services to over 1,000 education organisations from our five office network, including independent and maintained schools, academies and their sponsors, further education colleges, diocesan boards of education, local authorities, regulatory bodies, educational charities, universities and professional associations. We are also one of a small, elite group of law firms ranked in Band One nationally for education by both independent legal directories, Chambers & Partners and Legal 500 and were recently named the winner in the ‘Legal Advisers to Education Institutions’category at the EducationInvestor Awards 2016. To find out more visit www.brownejacobson.com. About Browne Jacobson The Association of School and College Leaders (ASCL) is a leading professional body representing more than 18,000 members, including education system leaders, heads, principals, deputies, vice principals, assistant heads and business managers of state-funded and independent schools and colleges throughout the UK. ASCL members are responsible for the education of more than four million young people in more than 90 per cent of the secondary and tertiary phases, and in an increasing proportion of the primary phase. ASCL works to shape national education policy, provide advice and support to members and deliver first-class professional development across the sector. To find out more visit www.ascl.org.uk or ring 0116 299 1122. About ASCL School Leaders Survey 2016 | About Browne Jacobson and ASCL
  • 23. The information and opinions expressed in this report are no substitute for legal advice. It is guidance only, if in doubt please telephone 0370 270 6000. © Browne Jacobson LLP and ASCL 2016 The information contained within this report is and shall remain the property of Browne Jacobson and ASCL. This document may not be reproduced without the prior consent of Browne Jacobson and ASCL. page | 23School Leaders Survey 2016
  • 24. Browne Jacobson 0370 270 6000 education@brownejacobson.com @bjeducationlaw www.brownejacobson.com/education ASCL 0116 299 1122 info@ascl.org.uk @ASCL_UK www.ascl.org.uk