Further Update: Although St Olave's is not in the geographical area I normally cover, I wish to draw your attention to the shocking background outlined here. Like many otheres, I fail to understand, given the evidence presented across a range of issues, why there is no investigation taking place. Five governors are appointed from the Anglican Diocese of Rochester, including the Chairman, The Ven Dr Paul Wright, Archdeacon of Bexley and Bromley, and on the Diocesan Board of Education. Is the school in meltdown?
Update 10th September: You will find an article published in Kent on Sunday bringing together the main issues, along with several additional matters, here.
Update 7th September: The Department of Education has today sent a letter to all schools clarifying the situation regarding exclusion at the end of Year 12 for academic reasons. This makes it crystal clear that it is unlawful to remove students for any but disciplinary reasons. No school should be in any doubt about this regulation. If needed, you will find a copy of the letter here.
This confirms my view on the law after highlighting the case of 22 pupils most of whom were illegally forced out of Invicta Grammar School Sixth Form last summer, because they did not achieve high enough grades at the end of Year 12. Since the publication of A Level results this summer, I have been approached by families across the country who have also been thrown out of grammar and non-selective Sixth forms for not achieving similar illegal requirements, in particular several from St Olave’s Grammar in Orpington, a Voluntary Aided School sponsored by the Anglican Diocese of Rochester.
The DfE statement throws open a gaping hole in current practice, with thousands of children across the country being sacrificed in the drive to improve school league table positions. Every one of these should now know or be told their expulsion is illegal and they are entitled to resume their places in Year Thirteen.
The significance of the ruling can be seen by the interviews I was invited to give on the subject. I was live on the BBC News Channel and Radio Five Live, but also gave two interviews for The Guardian and was quoted in The Times. On Radio Five, I was challenged about what is wrong with ‘weeding out’ lower performing students and had to explain its illegality and the damage it does to students thrown out mid-course. I also appeared on Radio London, after St Olave's Governors announced an inquiry into the matter. It is becoming clear that this misbehaviour sees thousands of students have their school careers illegally terminated at the end of Year 12. It should be noted that the ruling does not apply to Sixth Form and other Colleges which have different regulations allowing this to happen, or private schools which are subject to their own agreements with parents.
Whilst schools cannot permanently exclude, they do have legal strategies they can utilise: they can transfer a student to a different course within the school; they can advise and support students to find a more suitable institution, but cannot force any decision which would amount to exclusion; they can ask the student to repeat the year. These are internal strategies, and so not subject to external regulation, but students and parents would have the right to use the school internal complaint procedure to challenge such a decision. A comment below confirms this, quoting the Association of School and College Leaders in advice to schools underlining that they cannot force students out at the end of Year 12. So why have so many schools across the country, including St Olave's and Invicta Grammars chosen to ignore this ruling of the illegality, now and in the past .
To quote Vanessa Feltz in our interview: 'There is of course a downside to this ruling'. The downside is that some schools may well increase their academic GCSE requirement to enter the Sixth Form, in an attempt to reduce the number of lower grade passes at A Level. No change can be implemented before September 2019, as it would need to go out to consultation, unless it has already been approved at this time.
What to do if you are in this Situation
Each case will clearly be different, and you will need to approach it according to the ethos and expectations of the school. Some will respond positively following a meeting if you put the rules to the school, with many not knowing the law and exercising 'custom and practice' which has gone on for many years. If in doubt, put your situation in writing, quoting the Statement from the Department for Education. Ask on what legal grounds you are being permanently excluded, or any other legislation that applies - it doesn’t! You will find the regulations here. The problem you have is that if the school spins it out, you will lose substantial parts of the Year 13 Course, which may damage your A Level results.Whatever, don’t give in, you are in the right and the law is on your side. Sorry I can’t be more specific and am afraid I am unable to offer individual advice.
Invicta Grammar School
Back in January I discovered from school census data that 22 students in Year 12 at the school had not been allowed to return to Year 13 the previous summer, as they had not reached the academic requirements published on the school website to proceed; which started this whole story unravelling. The school falsely claimed that all 22 had left voluntarily in spite of: the published academic requirements for entry to Year 13; the many cases cited in the comments at the foot of my article; other contacts from families; and letters sent to parents explicitly stating their children could not return to the school. My article created considerable publicity and has attracted an unprecedented 24,667 visits on this specialised website, to date. It was picked up by a national newspaper which established the practice was widespread, but abandoned the case because it failed to get a view out of government at that time. Overall the school lost 40 pupils in Years 11 and 12 in that age group, many of the Year 11 leavers unusually departing by choice, whilst most other grammars in Kent saw a net increase over this period.
As distinct from the St Olave's Governors, who have announced an inquiry into the scandal, the only response from Invicta Grammar, part of the VIAT Academy Trust has been a brief statement, 'rubbishing' my story, according to a local newspaper, and then silence. Perhaps a dignified apology to all the students whose careers prospects they have ruined might not come amiss, or perhaps they are rightly afraid of legal action on behalf of those students, now they have been shown to act illegally.
On the BBC News Channel, I read out part of the testimony of a parent whose daughter had been wrongly excluded the previous summer at the end of Year 12. “What happened to our daughter has had a massive impact on her; she is still limping along. To be honest her confidence was so damaged we don't know if she will ever believe in herself in the same way again”. What an indictment of the practice, but certainly not alone, as career dreams are shattered.
The school website, which last year set out the academic requirements for entry to Year 13, now carries no such reference, suggesting it has discovered my interpretation of the law was correct. However, the school also boasts about its Outstanding A Level results, delivered on the back of seeing an alarming 15% of its pupil roll vanish in advance of these. I have had no similar contacts from Invicta families this year, suggesting the school has backed down in the knowledge of the illegality.
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Excerpt from Letter to New Parents, Invicta Grammar School
I am particularly pleased to find that we are once again, the top performing grammar school in Maidstone at GCSE Level and A Level. Our A Level results were particularly impressive in that we were considerably higher than the other local grammar schools. This is a fantastic achievement and one which I am sure our students will be very proud of. It is their hard work that has enabled such a superb accolade. What is really special, is that these results will give our students life changing opportunities.
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St Olave’s Grammar School
For September 2017, the school expelled 16 students who had not performed to the Grade B standard at AS Level required by the school to proceed to Year 13. I was contacted by several families, and advised them to challenge the decision strongly. As a result, education lawyers took up the cases, and persuaded the school to reverse its decision on Friday last week, around the same time as the Department for Education declared the practice illegal.
This is a super selective grammar school which has also taken pride in its Outstanding A Level results: “In a record year at St Olave’s Grammar School, students achieved a stunning 96% A*/B grades. A total of 75% of all grades were at A*/A, 3 percentage points up on last year’s. 32 students gained straight A* grades in at least 3 subjects”. I assume that the process of eliminating lower performing students has also occurred in previous years and so is an integral part of achieving such excellent results.
The Guardian has followed this story closely with a number of articles about the school, which have piled the pressure on government and brought about this outcome, including: (1); (2); (3).
