Headteachers Memorandum of Understanding (FOI)

Request

We request the Memorandum of Understanding that was agreed between the Government of Jersey and the National Association of Headteachers (NAHT), and any associated documents, which led to the release of extra funding for a pay increase in October 2023. 

Response 

Some information is withheld under Art 39 of the Freedom of Information (Jersey) Law 2011as its disclosure would, or would be likely to, prejudice pay or conditions negotiations that are being held between a public authority and -  

a) an employee or prospective employee of the authority; or  

b) Representatives of the employees of the authority  

The Memorandum of Understanding (MoU) sets out key priorities for the Minister for Children and Education and sets out the delivery for the Education Reform requirements for Headteachers and School Leaders’. Extracts of which are detailed below:  

Education Reform & System Re-design:  

At present we face a position of increasing complexity in demand (particularly in secondary education) against a reducing demographic demand (lower birth rate). At present there is an absence of a whole system plan that outlines the number of schools needed, the kind of schools needed, and future aspiration/standards of schools required in Jersey. We believe there is a clear opportunity to re-design the education system so that we offer excellence in education, whilst recognising choice, and ensuring that standards are reflective of the Island's needs. 

Performance & Workforce Planning:  

We believe there is an opportunity to shape the new School Review Framework to ensure the Government of Jersey are assured that standards in education are to expected levels. This revised approach would include enhanced assurance requirements that workforce performance oversight is robust, and clearly evidenced in activity scrutiny. In turn, we require school leaders to deliver these expectations, and to assist the development of future workforce planning that reflects the ambition of the education strategy. 

Policy Adherence:  

The Minister and department of CYPES support the ambition to enable school leaders to have greater autonomy over their workforce and institution. As part of this arrangement there is a requirement that schools will adhere to policy, fiscal responsibilities and standard requirements. 

What is the requirement for Headteachers and School Leaders 

• We would propose the Minister forms a Professional Education Advisory and Oversight Forum. The forum should be constituted in a formality aligned to the Jersey Curriculum Council. It would be an environment that ensures there is oversight and assurance in the delivery of the Ministerial and departmental delivery plans by having school leaders at its core. 
• School leaders and CYPES officers will work collaboratively to support the development of the strategic plan for Education which clearly outlines demand and capacity demographic requirements, future catchment arrangements, selective education review, inclusion and standards development. 
• School leaders may increase their working beyond the current requirement of 10 days for deputy heads and 15 days for head teachers non-term time; further discussion is required on non-term time working to acknowledge the significant change in the role of a school leader and this will form part of the review of terms and conditions. Any days worked beyond the current requirement shall be agreed by mutual consent and will be monitored by the joint implementation and monitoring group. This recognises the need for school leaders to have sufficient time in order to support the strategic plans outlined. This in turn will enable the delivery of the Community School models set out by the Minister. The interim arrangement recognises this need and would support the further development of workforce plans. In having this time school leaders commit to the development of enhanced standards, greater partnership across schools and shared learning. 

• School leaders are held to account for performance, quality and standards through the revised school standards framework and performance oversight process. We recognise the workforce appraisal process is at present not aligned to the CONNECT system, and school leaders are committed to working with the GoJ to co-develop assurance processes through a workable system of capture. Currently, school leaders have limited time for continued professional development and this needs to be addressed within the T&Cs review. 

• School leaders will work in partnership with the CYPES team to further co-design and deliver the Inclusion Charter which will ensure we address inequity in opportunity for our children and young people. The delivery of the charter will be aligned to policy requirements, and scrutiny will be evaluated by the Oversight Committee. In addition, the SEB will be appraised of progress. 

The joint implementation and monitoring group comprises members from CYPES and the NAHT and its purpose is to monitor the implementation of this agreement. 

Article applied  

Article 39 - Employment

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice pay or conditions negotiations that are being held between a public authority and –

(a) an employee or prospective employee of the authority; or

(b) representatives of the employees of the authority.

Public Interest Test

The Scheduled Public Authority (SPA) is withholding this information as it believes that to release it at this time could prejudice ongoing negotiations between the employer and its recognised trade unions.

Article 39 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. It is therefore necessary for the scheduled public authority to examine the circumstances of the case. Following assessment, the SPA has to decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Although there is a need for transparency, accountability, and good decision making by public authorities this information relates to negotiations between the Government of Jersey its employees. On balance, it is the view of the SPA that the public interest does not outweigh the potential prejudice of release.