Ethnic Minority Achievement Services

A pupil mobility policy can help schools make sure they discharge their legal responsibilities. It can help clarify staff roles, introduce new staff to induction procedures and generate regular review of school effectiveness in the area.

What responsibilities do schools have?

LA's have a legal duty to provide education to all children of compulsory school age resident within their area, irrespective of their immigration status and appropriate to age, ability and aptitudes and any Special Educational Needs (SEN) they may have. (See government advice on teachernet
www.teachernet.gov.uk/management/atoz/r/refugeeandasylumseekerschildren/)

Strengthened by the Education and Inspections Act (2006), the School Admissions Code (2008) seeks to ensure that children from all backgrounds, and of all races and religions, have the same opportunities to go to good quality schools. Admission authorities must not adopt procedures or criteria that disadvantage children who arrive in their area outside the normal admission round. Parents of children who are asylum seekers; or otherwise who have limited leave to enter or remain in the UK can express a preference for a maintained school. Nationals of the European Economic Area who are in the UK for economic purposes have the same entitlement as British citizens to schooling.

Section 52 of the Children Act 2004 gives local authorities a statutory duty to promote the educational achievement of looked after children. Local authorities need to demonstrate they are actively fulfilling their legal responsibilities to implement this duty. ‘Where a placement has been made in an emergency, or where education provision breaks down, the responsible authority, through the child’s social worker and accountable team manager, should ensure that a suitable new education placement is secured within 20 school days. In all other cases suitable education should be arranged before a child is placed.’ Key points relate to promoting the educational achievement of looked after children which ‘effectively should be an integral part of each local authority’s Change for Children Programme’. The duty extends to young people preparing to leave care. In this context, where they are continuing their education in school, college and university settings, local authorities must properly discharge their duties under sections 23A to 24D of the Children Act 1989 and associated Regulations and statutory guidance to improve the life chances of looked after children leaving care.

The National Curriculum sets out a clear, full and statutory entitlement to learning for all pupils, including those pupils who arrive in school at non-standard times. Schools have a responsibility to provide a broad and balanced curriculum for all pupils. The National Curriculum is the starting point for planning a school curriculum that meets the specific needs of individuals and groups of pupils. This statutory inclusion statement on providing effective learning opportunities for all pupils outlines how teachers can modify, as necessary, the National Curriculum programmes of study to provide all pupils with relevant and appropriately challenging work at each key stage. It sets out three principles that are essential to developing a more inclusive curriculum: setting suitable learning challenges, responding to pupils' diverse learning needs and overcoming potential barriers to learning and assessment for individuals and groups of pupils. When planning, teachers should set high expectations and provide opportunities for all pupils to achieve, including boys and girls, pupils with special educational needs, pupils with disabilities, pupils from all social and cultural backgrounds, pupils of different ethnic groups including travellers, refugees and asylum seekers, and those from diverse linguistic backgrounds.

LAs have a duty to provide free school meals to children of asylum seekers supported under part VI of the Immigration and Asylum Act 1999.

Education Act 1996 Section 512 as amended by Immigration and Asylum Act 1999 schedule 14 para. 117

Children of all new arrivals, including those from abroad, are entitled to the same help with the cost of school uniforms as any other pupils. Schools and LAs can help with the cost of, or provide free school uniforms in cases of hardship. However they do so on a discretionary basis and it is for them to decide on the qualifying criteria. School uniforms should not be so expensive as to leave pupils or their families feeling socially excluded. Parents of newly arrived pupils should not be deterred from applying to the school of their choice because they are unable to afford its school uniform.

Section 518 Education Act 1996 and Local Authority (Payment of School Expenses) Regulations 1999

The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 gives public authorities as statutory general duty to promote race equality. The statutory Code of Practice on the Duty to Promote Race Equality gives practical advice on how to meet the general duty. In relation to the admission and induction of new arrivals, the general duty will help schools to:

The Education and Inspections Act 2006 inserted a new section to the Education Act 2002 introducing a duty on the governing bodies of maintained schools to promote community cohesion. The duty came into force on 1 September 2007. From 1st September 2008, Ofsted inspect how schools, including academies, will fulfil the duty. The DCSF define community cohesion as the working towards a society in which:

Primary housing legislation and national and local housing policy and practice initiatives have implications for any responses being planned at local level to support homeless families. The Code of Guidance on Allocations and Homelessness states that where households have to be temporarily accommodated in the district of another housing authority, the placing housing authority should take positive steps to ensure effective liaison and cooperation between the relevant service departments of both authorities, including housing, social services, environmental health and education.

Good practice

The DCSF and Ofsted have given closer attention to pupil mobility, and guidance identifies good practice that promotes inclusion.

Gather background information on the needs of new arrivals. Teachers need to identify what new pupils know, and any gaps they have in their learning

Provide new arrivals' families with information about the education system and any entitlements they may have

Use Ethnic Minority Achievement Grant staff, mentors, assistants and home-school liaison staff to support the needs of new arrivals and their families

Ensure teachers have high expectations of pupils, and clear systems for targeting, tracking and monitoring the progress of individual pupils

Provide opportunities for new arrivals to catch up, including out-of-school-hours and family learning .

Case study: Grafton School Pupil Mobility Policy (2005)

Grafton school was judged an exceptional school and outstanding in all key areas by their Ofsted inspection in October 2005. This inner city primary school achieves excellent results in both absolute and value added terms for its pupils. The quality of the leadership at the school is a great strength and provides an exceptionally safe and challenging learning environment. The positive ethos of the school is very evident and provides the bedrock for pupils to achieve whatever their background. The commitment to equal opportunities and providing additional support for pupils with specific needs is central to its success.

At Grafton Primary School the catchment area encompasses a diverse community which is continuing to change. One feature of the school is significant numbers of additional admissions, many of whom are from a refugee background. The school is aware that pupils who experience mobility can come from challenging circumstances. Many pupils and their families are temporarily housed and may be suffering the disruption and uncertainty that brings. Grafton Primary School has responded to this challenge and ensure that all new arrivals are welcomed, supported appropriately and are able to become effective learners.

Ethnic Minority Achievement Service

Mobility - School Policy

What responsibilities do schools have?

Good practice

Case study: Grafton School Pupil Mobility Policy (2005)