Teachers’ union threatens to SUE school chiefs if staff are put at risk

Britain’s second-largest teaching union last night threatened to sue school chiefs if teachers are ‘put at risk’ in the classroom.

The NASUWT, which has 310,000 members, has written to heads, academy bosses and local authorities, outlining their stance.

Along with the National Education Union, the NASUWT has been at the forefront of efforts to delay the reopening of schools until September, but their objections have been described by critics as ‘political posturing’ and ‘scaremongering’.

Darren Northcott, the union’s national official for education, told 5Live on Wednesday: ‘There’s a real risk here that some schools will believe that they can safely open from June 1, when we are very clear that they can’t.’

The union's general secretary is Dr Patrick Roach

Britain’s second-largest education union, NASUWT, has written to schools threatening to torpedo plans for a June 1 reopening. It is headed up by Dr Patrick Roach, right. Its national official for education is Darren Northcott. The union says it has put the government ‘on notice’

The union last night ramped up its attempts to torpedo the plans by threatening court action against school bosses, trust chief executives, and local authorities who ignore ‘serious health, safety and welfare issues’ in the classroom..

It came as the NEU also increased its pressure on ministers. The union said last night:

  • Teachers should keep online tuition ‘to a minimum’;
  • They should not do any online teaching that they feel uncomfortable about;
  • Teachers are worried about the security of online teaching;
  • And they should not be expected to carry out routine marking or grading of pupils’work 

The NASUWT letter says the union is ‘left with no alternative but to put employers and the Government on notice, by reserving our members’ legal rights in the context of a tortious claim for breach of duty of care and personal injury due to foreseeable risk, and any other legal recourse available’.

Liverpools’ Labour mayor may block return to class 

Pupils in Liverpool might not go back to school with the rest of England after its mayor warned he would not ‘take risks with children’s lives’.

Joe Anderson vowed to ‘resist’ reopening after half term unless the city’s infection rate had dropped. As of Monday, Liverpool had 1,515 confirmed cases, equivalent to 306 in every 100,000 people – higher than the overall rate in England of 244 per 100,000.

Liverpool Mayor Joe Anderson, above

Liverpool Mayor Joe Anderson, above

Labour councillor Mr Anderson said: ‘This is a life and death decision. If we lose one child or one teacher or one teaching assistant or one school cook, that’s one too many. Our levels of Covid-19 infections are higher than everywhere else and I’m not about to take risks with children’s or teaching staff’s lives. Only when we are convinced it’s safe for children to return will we allow it.’

The ex-social worker, who is running Liverpool from home after he was forced to shield for health reasons, was attacked by some online critics. One tweeted: ‘We need “can doers” to guide us out of this crisis and save jobs and the economy. “Can’t doers” like him should admit they’re out of their depth and let others take over.’

But Steve Rotherham, the Metro Mayor responsible for the whole region, said: ‘Mayor Anderson is right that the safeguarding of our children, teachers and school staff has to be the number one priority.’

‘The NASUWT is clear that no teacher should be expected to go into a school that is not safe, and until it can be demonstrated that it is safe to do so, we will be continuing to support and advise members on that basis.’

Signed by union general secretary Dr Patrick Roach, the letter concludes: ‘The NASUWT recognises that schools and employers have been placed in a situation where the wrong decision will result in people becoming seriously ill and dying, and will therefore appreciate that there can be no compromise on health and safety.

‘If this means that schools are unable to open safely before September because they are unable to make arrangements to safeguard their staff and pupils, then that position must be accepted.’ Despite undermining ministers’ attempts to reopen the country’s schools, the NEU says teachers should keep online tuition ‘to a minimum’ is necessary because face-to-face teaching ‘cannot be easily replicated’. It also told members that ‘no teacher should be expected to carry out any online teaching with which they feel uncomfortable or in the absence of agreed protocols’.

It is understood some teachers have privacy concerns, and fear their lessons could be recorded or manipulated by pupils. But Professor Barnaby Lenon, chairman of the Independent Schools Council, said: ‘There are appropriate safeguarding policies in place and it is all going pretty well. So those pupils who are not receiving online teaching, simply because their teachers think it is risky, have every reason to feel very disappointed.’

The NEU adds that teachers ‘should not be expected to carry out routine marking or grading’, saying: ‘To do so would be to disadvantage those who do not have the resources and support available at home to make that fair.’

For secondary school pupils, many of whom will be facing exams next year, the swingeing union restrictions state that teachers ‘should not be asked to personally contact their students daily’, except those who are vulnerable.

Neil Roskilly, of the Independent Schools Association, said the NEU’s fears about online learning were ‘theoretical’. He added: ‘There’s nothing unsurmountable for schools with good safeguarding policies. Schools are very used to dealing with safeguarding issues.’

A teacher wears a face mask during lessons at a Parisian school. Nurseries and primary schools in the country were allowed back from Monday

A teacher wears a face mask during lessons at a Parisian school. Nurseries and primary schools in the country were allowed back from Monday

Chris McGovern, chairman of the Campaign For Real Education, said: ‘Many teachers are being courageous and still working but a minority are enjoying it.’

NEU joint general secretary Dr Mary Bousted said last night: ‘The NEU is not against online working. Our members are using online learning to support their pupils. Our guidance is to help them do this safely for themselves and for their pupils.

‘Arrangements for online learning must also protect teachers’ and children’s privacy and ensure children are kept safe while online. The NEU is supporting teachers and families to do the best they can with the resources available to them.’

Private sector says: We could reopen in weeks

Private schools have been working around ‘around the clock’ using online learning – and are confident of successfully reopening on the Government’s timetable.

Despite taking a significant financial hit due to the pandemic, fee-paying schools have been leading the way in responding to the challenges, sector leaders said.

Top schools including Eton College and the Perse School, Cambridge, have been posting free educational resources which are accessible to all young people.

Professor Barnaby Lenon, chairman of the Independent Schools Council, said his 1,300 member schools were ‘very pleased that there will be limited openings after June 1’. He added: ‘They are enthusiastic about the idea that they can see pupils for things like university application discussions and to enable pupils to do those things that can’t be done online, like coursework, science practicals and art.’

Neil Roskilly, chief executive of the Independent Schools Association, which has more than 500 member schools, said: ‘They have been working around the clock on online provision and plans to welcome back pupils to the classroom.

‘The huge majority of teachers will be putting their interests first.’