Category: Information for Members

Printable Version

As an association and individual teachers we were asked to contribute to the consultation process with regards to parental/carers complaints against the Part 4 (Named Person) and Part 5 (Childs Plan.) This advice note has been commissioned to update you on our responses.

1. Should making complaints concerning functions relating to the Part 4 and/or Part 5 be restricted to a child, young person and parent as defined by the Children’ and Young People (Scotland) Act 2014 (CYPA)?

 

• Our response:-There should be an opportunity for professionals who are involved in creating or supporting Part 4 and Part 5 to identify any perceived failures with the planning and/or in the implementation of the child’s plan.

 

2. Should the parent and child be entitled to request and authorise the assistance of other persons in making their complaint?

Some parents/carers may require support in making a complaint.

• To aid their understating of the process and how the outcome has been investigated and agreed.
• Some parent/carers may require support to attend meetings and or an advocate during meetings.

 

3. Should the merits of decision making about functions, as set out in Appendix A, under parts 4 and 5 be looked at by Scottish Public Service Ombudsman (SPSO)?

 

• It would be valuable for people taking on the role of complaints co-ordinator to be trained by members of the SPSO team, so that there was a consistent level of understanding and practice across Scotland.
• This would be good practice as it would create a consistent and transparent approach across Scotland.
• This would enable parents/carers/pupils and members of the Sottish Government to see that complaints are being dealt with fairly and consistently.
• SPSO should have a robust system in place to monitor complaint annually.

 

4. Should complaints concerning functions relating to the Part 4 and/or Part 5 be considered as set out in Option 1?

Option 1 would require the parent and child to make separate complaints to every organisation or body (e.g. Named Person Service, Managing Authority, Directing Authority, Relevant Authority, List Authority and any Third Person organisation) which is involved in this matter(s) relating to the provisions and functions of Parts 4 and 5 which are being complained about. (In essence the one complaint would have to be sent to and dealt with each organisation individually potentially up to 6 letters of complaints and 6 meeting to resolve the complaint.)

• To do this would be a costly and time consuming activity with no clear outcome/benefit.
• It could cause confusion and uncertainty for parent/carers, children and other staff involved in the process, as they would all be dealing with the same issue in a different manner with different timescales. They may also have completely different outcomes.
• It may be worth considering how a parent/carer, child and Local Authority would deal with the one area of complaint that has after investigation and resolution ended up with a different outcome from each of the agencies involved. (Very confusing)

 

5. Should complaints concerning functions relating to the Part 4 and/or Part 5 be considered as set out in Option 2?

Under Option 2, the parent and child would make their complaint to the organisation providing the Named Person service for complaints made about Part 4 and/or the organisation acting as the managing authority for complaints made about the functions exercised by Part 5 of the Act. (Meaning that there would be one complaint issued that would be dealt with collegiately within the Local Authority supplying the service.)

 

• This would eliminate the need for up to 6 letters of complaint, 6 reports of meeting and outcomes for the parent/carer, child and staff.
• It complements the GIRFEC theory of one point of contact
• However it does place a lot of responsibility on the complaint co-ordinator. They would require training and monitoring so that the Local Authority can eliminate any suggestions of bias

	One respondent felt that the parent/carers should have a choice about which method of complaint would be suitable for them. Either Option 1 or Option 2

 

6. We invite comments on what should happen in situations where the Named Person service provider or the managing authority are coordinating the investigation of a complaint involving other bodies where they may agree with the parent and child at the outset.

 

• Any complaints of this nature would where possible be dealt with during the meeting to create or review a child’s plan. If this is not the case then the formal route should be followed and the complaints co-ordinator should take on this role.
• The flowcharts make it clear that once a complaint has been formalised an investigation has to take place and any comments from that investigation have to be made explicit and have a clear rationale in a letter to the complainant. Would this not help counter bias?
• Complaints co-ordinators need to be trained alongside members of the SPSO staff so that they are working in line with the SPSO policy and procedural framework.

Reason/s

• Training of the complaints co-ordinators would provide clear and un-biased pathways to any complaints with regard to Part 4 and Part 5.
• It will also give an opportunity for the SPSO to review the work of the complaints co-ordinators, to ascertain that consistency is being maintained across the country.

 

7. We invite comments/suggestions on what information and guidance on the complaints process would help parents and children.

 

• To commission ENQUIRE to produce a parent/carer/child friendly support booklet in various languages to aid the understanding of the complaints process.
• Create case studies for parent/carers/children and staff in various topical areas to enable the understanding of the process
• Questions have been asked about who would be responsible for the checks and balances of the SPSO. What government body could people access if they had a complaint against the SPSO?

For additional information:

http://www.childreninscotland.org.uk/sites/default/files/complaints%20response.pdf

http://www.childreninscotland.org.uk/consultation/consultation-on-complaints-concerning-
functions-relating-to-the-named-person-and-childs

http://www.spso.org.uk/sites/spso/files/consultations-and-inquiries/2015/151030SPSOResponseN
PConsultation.pdf

As of April 2014 those at the top of the classroom teacher payscale were paying a pension contribution of 9.5%. When the new tiered contributions were introduced in April 2015 the bandings meant that the pension contributions for those at the top of the payscale i.e. up to £34,999 dropped to 8.7%. However, with the backdated pay increase, these members will have jumped back into the tier whose contributions are now 9.7% i.e. from £35,000 to £41,499. This means that any backdated pay will be offset by the backdating of extra pension contributions.

The tiered contributions were agreed by the teachers’ side of the SNCT to ensure that those at the lower end of the payscale paid less and those at the top paid more. If this had not been agreed the flat rate, paid by everyone, required to maintain the value of the pension fund would have been 9.6%.

As with all pension increases the tiered bandings will move each April in line with the CPI rate set on the previous September. Please note that CPI in September 2015 was negative so there will be no change in the tiered bandings in April 2016.

Changes to National Insurance Contributions from April 2016

At the moment, if you are a member of your employer’s pension scheme, you pay a 1.4% lower (contracted out) rate of National Insurance contribution on earnings between £112 and £155 per week. This means that you are not currently entitled to the higher rate state pension. However, from April 2016, contracting out is ending and you will pay the full National Insurance contribution, this means you will start to accrue benefits in the new single tier state pension from that date.

 

Printable Version

Shared Parental Leave (SPL)

• In force from 5 April 2015
• Applies where the expected week of childbirth is on or after this date. In the case of adoption, applies where child is to be placed for adoption on or after this date
• SPL can be taken by both parents at the same time but up to the maximum of 50 weeks
• Can cover child’s father, mother’s husband or civil partner or partner (for births) and secondary adopter for adoptions.
• Two weeks compulsory maternity leave/adoption leave must still be taken by mother/primary adopter.
• Other parent will still be entitled to two weeks ordinary paternity leave but this must be taken prior to any SPL otherwise entitlement is lost.

Mother

• Mother must take compulsory maternity leave (2 weeks after birth)
• Qualifies if she is in employment for 26/66 weeks before the Expected Week of Childbirth (EWC) and earns more than the lower limit.
• Thereafter can take SPL if maternity leave has ended
• Ends maternity leave by either:
  • Returning to work; or
  • Giving a curtailment notice
• Amount of SPL is based on the mother’s remaining available leave entitlement

Note: curtailment notice can be revoked in limited circumstances

Father/Partner

• Father/partner can still take ordinary paternity leave (OPL) – 2 weeks
• OPL must be taken before SPL starts or will be lost
• Additional paternity leave abolished
  • must still be employed when SPL is taken
  • must have worked for 26 weeks by the 15th week before EWC
  • must give 8 weeks notice of intention to take SPL
  • must have main responsibility for caring for the child
  • Mother  must provide a declaration for father/partner to give their employer agreeing to SPL and confirming her entitlement
  • Father/partner must provide a declaration for the mother to give her employer agreeing to SPL and confirming Father/partner’s entitlement.

Time off together

Time off together whilst she is still on maternity leave so long as she has given her curtailment notice

• Outwith SPL, time off together is possible in the 2 weeks after birth if he takes paternity leave
• Or can be off at the same time so long as it does not exceed the 50 weeks of SPL allowance
  • Blocks of one week
  • Up to 3 notifications
  • 8 weeks before start

Continuous leave notification

• Means a notification for a number of weeks of SPL taken in a single unbroken period of leave
• Can submit up to 3 of these – can’t be refused.

Discontinuous leave

• Means asking for a set period of leave over a period of time with breaks between the leave when the employee returns to work  e.g. 4 weeks leave over 8 weeks taken week about
• Employer has the right to refuse this – within 14 days
• If refused, employee can withdraw it within 15 days or take the leave in a continuous block.

Pay

• Shared Parental Pay = amount of statutory maternity pay/adoption pay/ maternity allowance remaining at the point the mother curtails maternity leave/adoption leave
• Parents decide how to split it

Miscellaneous

• Keeping in touch days apply
• Terms and Conditions remain in force, except re pay
• Annual leave continues to accrue
• Return to work is to
  • Same job (26 weeks or less leave taken)
  • Similar job (more than 26 weeks taken or SPL + weeks ordinary parental leave)

Adoption

• Previously no right to Shared Adoption Leave or Shared Adoption Pay was available in respect of:
  • Step-parents who adopt step-child
  • Foster parents who adopt foster children
  • Arrangement with surrogate mother (although biological fathers might have a right to paternity leave)
  • Private adoptions
• Options for Foster parents and those entering surrogacy arrangements widened from 5 April 2015
• Contractual arrangements – cannot agree less favourable terms than the statutory minimum provision
• Time off for adoption appointments – from 5 April 2015

Parental leave

• Up to 18 weeks’ unpaid parental leave per child for the purpose of caring for the child
• Applies to birth and adoptive parents and anyone with or anticipating parental responsibility – step-parents and foster parents are not normally covered unless they expect to have parental responsibility by adopting the child
• Amended from 5 April 2015 – can take parental leave any time up to the child’s 18th birthday for all children.
• Criteria – must be continuously employed for not less than one year and have or expect to have responsibility for a child
• Blocks of one week
• Maximum of four weeks of parental leave can be taken a year.
• Move to new employer- only able to take parental leave for the period not taken.

Health and Safety Reps

• A well-attended training event took place in June. Topics included asbestos, safety on social media, pupil risk assessment, stress and violence.

School Representatives Training

• A well-attended training event took place in August. Topics included WTA, managing workload, stress and absence management.

Pension Briefings

• An update of the 2015 pension changes and their implications have been arranged in Aberdeen, Inverness, Glasgow, Perth, Stirling, Edinburgh, Troon, Dundee and Fife . Other venues to be added see ssta.org.uk
• The new scheme allows teachers to make arrangements to reduce the age of retirement to 65 or by a maximum of 3 years. However, it needs to begin within 6 months of entering the scheme. Teachers born after 1 October 1965 need to make the decision by 1 October 2015. Those born between 1 April 1962 and 30 September 1965 have a sliding deadline view here

First Minister and Cabinet Secretary

• ‘Closing the Gap’ – increased funding for Early Years, the introduction of standardised tests, student support through EMAs, and the introduction of Attainment Advisors in all local authorities. view here
• SSTA seeks additional resources for Secondary Schools, which includes increasing the number and training of Guidance and ASN Teachers.
• SSTA emphasised the need for collaboration of schools and support services to work together and support all pupils to reach their full potential
• SSTA to propose a range of measures for secondary schools to meet the challenge

Education Scotland

• SSTA returned to the CfE Management Board. Next meeting in September.
• Review of the Inspection Process for implementation in the autumn 2017. New arrangements to be trialled from September 2015.
• How Good is Our School (HIGIOS)? To be relaunched 23 September. SSTA met with officials in June as part of the review

‘Named Person’

• SSTA issued a Fact Sheet to advise members of the potential changes
• Government working with the SSTA in developing the guidance view here

SQA – New Qualifications

• Acknowledgement of the commitment of SSTA members in the delivery and improvements in qualifications in August 2015.
• The SSTA met with the SQA in June and raised issues identified in the SSTA survey including bureaucracy, verification processes, information on website and training. Next meeting in September
• A major concern is the value and excesses of the internal assessment regime
• A survey of members to be undertaken in February 2016

General Teaching Council Scotland

• The GTCS has been asked to make provisions for Further Education Lecturers and has celebrated its 50^th year in June
• SSTA has met with GTCS on the process/stages of the complaints procedure

Professional Update

• The guidance materials for Senior Managers has been issued by the Senior Mangers Advisory Panel was well received View here
• PU focus group meeting to discuss personal CPD entitlement and the reduction of the administrative procedures (still a major concern)

Scottish Parent Teachers Council

• The SPTC is piloting a programme to increase parental involvement in secondary schools

Scottish Trades Union Congress

• Campaign launched to oppose the changes in trade union laws in Scotland

Supply Teachers

• SSTA to campaign to restore pay levels and the introduction of a National Register for supply teacher view here

Working Time Agreements

• Salaries Conditions of Service Committee issued updated guidance on Working Time Agreements
• SSTA to advise members to adhere to the WTA in resisting the increasing demands being placed upon them

Absence Management

• Guidance has been issued to members on the process
• Increasing examples received of schools using the procedure to ‘bully’ teachers. guidance has been issued to members on the process
• SSTA advocating a review in LAs to produce a fair and supportive procedure

Workload

The Curriculum for Excellence Working Group on Tackling Bureaucracy Follow-up Report published in March 2015

• Assessment should be based on professional judgement. Tracking pupil progress and moderation is important; however there is no need for large folios of evidence to support it.
• Forward Planning should be proportionate; there is NO need to plan, assess, record or report every experience and outcome. Planning should support professional dialogue rather than to fulfil an audit function
• Monitoring and Reporting –ICT planning and reporting systems should be used with CAUTION. Just because such systems can support very detailed planning and reporting, does not mean they should be used in that way.
• Self-Evaluation and Planning – over-reliance on audit “tick box” distracts from quality teaching and learning.
• SSTA guidance to be issued to members.
  

Salaries

• The Managements offer of 1.5% for 2015 and a further 1% in 2016 is likely to be agreed but union side is seeking a restoration of supply teacher pay rates and guarantees on teacher numbers. View here
• Increasing concern over the movement away from Principal Teacher system to a Faculty structure and protecting subject specialism,
• SSTA is to develop a new career structure to encourage more teachers to remain in the classroom.

Trade Union Advisory Committee (TUAC) 29-30 June

• OECD Working Group on Education, Training and Employment Policy
• Innovative Teaching for Effective Learning: Progress Report on OECD activity (final international report Dec 2016)
• The OECD Skills Outlook 2015 http://skills.oecd.org/skillsoutlook.htm
• Skills and Wage Inequality oecd.org/els/social www.oecd.org/els/newsletter
• TALIS 2013 Impact upon education policies and future developments. Views of teachers next survey 2018 oecd.org/talis
• Education Marketers: Corporate involvement in Education (e.g. Pearson)
• PISA for Development An initiative to enhance PISA. Concern raised about the focus upon assessment (testing) as a way of developing an education system.
• OECD Review of Policies to Improve the Effectiveness of Resource Use in Schools

British Irish Group of Teacher Unions (BIGTU) 8 June

• Teacher Workload a common issue across the BIGTU region. Agreement   reached to compile information on terms and conditions for teachers in each education sector in each jurisdiction. SSTA agreed to undertake a survey and collate the information.
• Internal Assessment TUI/ASTI dispute following a government decision to replace external examination with internal assessment at Junior Certificate (15 to 16 year olds). Following industrial action an agreement has been reached with the Irish Government. See tui.ie/
• Transatlantic Trade and Investment Partnership (TTIP)
• Resolution at World Congress EI (UCU/IFUT) opposition for education to be included in international trade agreements. ‘Stop TTIP and other similar Trade and investment Agreements (1.13)
• England – new government. Education Bill – no opposition to conversion and sponsorship of schools (underperforming and ‘coasting’ schools) out of LA control into Academies.
• Northern Ireland – The refusal to implement welfare reforms and set a budget is putting the NI Assembly at risk. The uncertainty is impacting upon on schools and staff and anticipating further cuts in education
• Republic of Ireland – Health and child-care will big issues in the forth-coming election. Education needs to raise its profile in the coming months. Public sector looking at pay increases in 2016 and 2017. This follows a 5 year period of serious cuts in pay and increased pension contributions.