Our knowledgeable advice team delves into the professional and safeguarding risks linked to going above and beyond for pupils and their families and provides the second instalment of our series on the Local Government Pension Scheme.
Navigating the extra mile
MALACHY EDWARDS,
NAHT SPECIALIST ADVISOR
School leaders routinely go over and above for pupils. While it is important for teachers to provide extra help, guidance and support to their pupils, there are some instances where they may go too far or do too much, which can have negative consequences. This article highlights some of the professional and safeguarding risks associated with going above and beyond for pupils and their families.
The expectations placed on teachers are set out in their respective pay and conditions documents, codes of conduct, legislation, guidance documents and school policies. In their own way, these offer protection. To go ‘above and beyond’, therefore, is to go further than the role's legal and contractual requirements, which can leave a school leader exposed and vulnerable.
The efficient and effective running of a school depends on a measure of staff members’ goodwill; however, there are instances where school leaders and their staff risk trying to do too much.
As an example, one of the more common issues we encounter is members providing a pupil with a lift home after school in their car or instructing a staff member to do so. This may be because a parent has not collected the pupil at the end of the school day or because the school is eager to help a family that is struggling due to a particular set of circumstances. So, what is nearly always offered as a helping hand can carry professional risks for the senior leaders and teachers involved.
Is there a risk assessment on the trip and car? Is there business insurance on the staff member’s car? Are there any safeguarding concerns? Particularly for staff providing solo transportation to a pupil, this journey holds the potential for safeguarding risks to the child and professional risks for the employee, especially if an allegation is made regarding inappropriate conduct towards the child during the journey. NAHT advises members that if a parent fails to collect a pupil after school, the school should always adhere to its safeguarding policy, which may include contacting social services if the parents do not make suitable alternative arrangements.
We’re also made aware of schools who expect – as set out in their policies – school staff to mediate between parents and families. For instance, when a conflict between one set of parents and their child disrupts school life because of an ongoing dispute with another family, some schools opt to facilitate a mediation session involving both families. The aim is to encourage open dialogue and resolution of the conflict. Many disputes may well be resolved in this way; however, such meetings carry risks for the school concerned. There have been instances where senior leaders have lost control of such meetings, resulting in an altercation between both families on the school’s grounds. The primary role of a school is to provide education and support for pupils. We do not recommend schools offer mediation between families in their policies because of the risks of becoming embroiled in a complex family dispute.
Ultimately, whether it is deemed appropriate on a professional basis for a senior leader or teacher to go above and beyond normal expectations for their role for a family in the school, is subject to individual circumstances and will be a matter of policy and judgment. Senior leaders and teachers must maintain appropriate and professional boundaries with pupils and their families and report any conflicts regarding a family to their employer.
If you have any queries regarding this topic or an issue you wish to discuss with us, please get in touch with NAHT’s specialist advice team.
MALACHY EDWARDS,
NAHT SPECIALIST ADVISOR
School leaders routinely go over and above for pupils. While it is important for teachers to provide extra help, guidance and support to their pupils, there are some instances where they may go too far or do too much, which can have negative consequences. This article highlights some of the professional and safeguarding risks associated with going above and beyond for pupils and their families.
The expectations placed on teachers are set out in their respective pay and conditions documents, codes of conduct, legislation, guidance documents and school policies. In their own way, these offer protection. To go ‘above and beyond’, therefore, is to go further than the role's legal and contractual requirements, which can leave a school leader exposed and vulnerable.
The efficient and effective running of a school depends on a measure of staff members’ goodwill; however, there are instances where school leaders and their staff risk trying to do too much.
As an example, one of the more common issues we encounter is members providing a pupil with a lift home after school in their car or instructing a staff member to do so. This may be because a parent has not collected the pupil at the end of the school day or because the school is eager to help a family that is struggling due to a particular set of circumstances. So, what is nearly always offered as a helping hand can carry professional risks for the senior leaders and teachers involved.
Is there a risk assessment on the trip and car? Is there business insurance on the staff member’s car? Are there any safeguarding concerns? Particularly for staff providing solo transportation to a pupil, this journey holds the potential for safeguarding risks to the child and professional risks for the employee, especially if an allegation is made regarding inappropriate conduct towards the child during the journey. NAHT advises members that if a parent fails to collect a pupil after school, the school should always adhere to its safeguarding policy, which may include contacting social services if the parents do not make suitable alternative arrangements.
We’re also made aware of schools who expect – as set out in their policies – school staff to mediate between parents and families. For instance, when a conflict between one set of parents and their child disrupts school life because of an ongoing dispute with another family, some schools opt to facilitate a mediation session involving both families. The aim is to encourage open dialogue and resolution of the conflict. Many disputes may well be resolved in this way; however, such meetings carry risks for the school concerned. There have been instances where senior leaders have lost control of such meetings, resulting in an altercation between both families on the school’s grounds. The primary role of a school is to provide education and support for pupils. We do not recommend schools offer mediation between families in their policies because of the risks of becoming embroiled in a complex family dispute.
Ultimately, whether it is deemed appropriate on a professional basis for a senior leader or teacher to go above and beyond normal expectations for their role for a family in the school, is subject to individual circumstances and will be a matter of policy and judgment. Senior leaders and teachers must maintain appropriate and professional boundaries with pupils and their families and report any conflicts regarding a family to their employer.
If you have any queries regarding this topic or an issue you wish to discuss with us, please get in touch with NAHT’s specialist advice team.
Unlocking the Local
Government Pension Scheme:
Benefits, discretions and resolution paths
KATE ATKINSON,
NAHT NATIONAL SECRETARY (ADVICE)
KATE ATKINSON,
NAHT NATIONAL SECRETARY (ADVICE)
This article is the second part in a series looking at the Local Government Pension Scheme (LGPS). It concentrates on how benefits build up, how employers can exercise certain discretions and how to complain if something has gone wrong. Did you miss part one? Read it here.
What sort of pension do I have?
The LGPS is what’s called a ‘defined benefit’ pension. The rules of the scheme set out the benefits you receive and the amount you need to pay to be a member – the rules of the LGPS are set out in a statutory instrument.
Your benefits will be based on the calculations outlined in the scheme's rules, so you don’t need to worry about how well your pension fund’s investments are doing because they are obligated to pay you the pension promised under the rules.
How are my benefits built up?
The LGPS is a career average scheme (this is a type of defined benefit scheme), which means your benefits are based on the pay you earn in each individual year. If you have historic benefits in the LGPS, they will have built up differently; however, the career average method governs current benefit accrual in the scheme.
You will receive a pension of 1/49th of your pensionable pay for each year of membership. At the end of each year, your pension is adjusted to take into account the cost of living. The same thing then happens for each year of membership.
So, very broadly, if you earn £40,000 in a scheme year, you will receive at your normal retirement age a pension of £816 (adjusted to take into account the cost of living) every year for life in respect of that historic year’s pension entitlement. ‘Normal retirement age’ is the state pension age.
You will also have the option of giving up some pension to provide a tax-free lump sum. You can convert £1 of pension into £12 of lump sum up to 25% of the capital value of your pension benefits.
50/50 section
Members of the LGPS can elect to pay 50% of their pension contributions into the pension scheme in exchange for 50% of the pension benefits.
This flexibility may be useful during financial hardship because it allows you to remain in the scheme, building up pension benefits as an alternative to opting out. However, it will mean that your pension will be less valuable when you retire.
Discretions
Your employer and pension fund can decide how to apply certain provisions in the LGPS – these are called discretions.
They must decide how to exercise these discretions and have a written policy. This means that your employer must have written guidelines on whether it will do the following:
• Allow flexible retirement
• Award additional pension
• Pay towards the cost of additional pension
• Waive any reductions if your pension is paid early.
Your employer and pension fund must act with ‘prudence and propriety’ in making their policies. They must keep those policies under review. You can ask your employer or your pension fund what their policy is concerning discretion.
Who can help you if you have a query or complaint?
If you are in any doubt about what you are entitled to in the LGPS or have a problem or question, contact your pension fund.
If you have a query about your contribution rate, contact your employer’s HR or payroll section. They can explain how they have decided which contribution band you are in.
If you are dissatisfied with any decision made about the LGPS or a failure to make a decision, you can complain. Your complaint will be reviewed under the scheme’s internal dispute resolution procedure. Other regulatory bodies may be able to help you too.
Built with Shorthand