Powers to Facilitate Innovation

Annual report for the academic year ending

31 July 2003.

Publication date 30/10/2003

Report number 1

Background

The Education Act 2002, Section 5 sets out the requirement for the Secretary of State to prepare a report on all the orders made by him under section 2 of the Act in that academic year and to lay a copy of the report before each House of Parliament.

The purpose of the “power to innovate” is to facilitate the implementation of innovative projects that may contribute to the raising of education standards, by allowing the Secretary of State to make orders under section 2 to exempt applicants from education law requirements. The Power was commenced on 1 October 2002.

Orders made under the Power

There have been 3 applications for the Power to Innovate.

Applicant / Innovation facilitated / Relevant Legislation / Details of the order granted by the Secretary of State / Date that the order was made
Langley Junior School, Pendeen Crescent, Southway, Plymouth, PL6 6QS / The order permitted the school to extend the length of the school day mid academic year, rather than have to wait until the beginning of the new school year. The purpose of the innovation was to provide extra curricular activities for pupils on a Wednesday afternoon freeing up time for teachers to work on planning and preparation, and drawing up education plans for individual pupils / Changing of the School Session Times Regulations / Statutory Instrument 2002 No.3063
Langley Junior School (Change to School Session Times) Order 2002 / 11th December 2002
Grinling Gibbons Primary School, Clyde Street, Deptford, London, SE8 5LW / The order permitted the school to extend the length of the school day mid academic year, rather than have to wait until the beginning of the new school year. The purpose of the innovation was to provide extra curricular activities for pupils on a wednesday afternoon freeing up time for teachers to work on planning and preparation, and drawing up education plans for individual pupils / Changing of the School Session Times Regulations / Statutory Instrument 2003 No.716
The Grinling Gibbons Primary School (Change to School Session Times) Order 2003 / 12th March 2003
Norton College, Langton Road, Norton, Malton, N Yorkshire, YO17 9PT / The order permitted the school to change the timings of the school daywithout the requirements set out in regulations: to give the minimum of 3 months notice to parents; and to consult parents at a meeting (instead parents were consulted by correspondence).
The order facilitated the college’s plan to end the school day one hour early on alternate Wednesdays from September 2003, allowing staff to have a dedicated two-hour period once a fortnight for planning, preparation, assessment, and to hold meetings. / Changing of the School Session Times Regulations / Statutory Instrument 2003 No.1671
The Norton College (Change to School Session Times) Order 2003 / 2nd July 2003

Guidance

Two documents have been developed to support applicants. These are entitled “Power to Innovate: Guidance to Applicants” (DfES reference number 0724/2002) and “Power to Innovate: Application for Order” both of which are available to download from the Innovation Unit’s website at

The guidance informs potential applicants of the process and the criteria they should take into account when applying. It reinforces the need for applicants to demonstrate:

how their application contributes to raising educational standards;

that their application has regard to the need for the school to have a balanced and broadly based curriculum;

that they have considered the likely effect their proposal would have on all children who may be affected by it.

that the proposed order would not have a detrimental effect on SEN pupils; and

that they have undertaken appropriate consultation.

The Department for Education and Skills Innovation Unit has also received a wide range of enquiries from schools wanting to test innovative ideas.

Areas of interest have included:

· Finishing KS3 early to give more time for KS4.
· Developing a new framework of teaching for one subject.
· Assuming control of a pre-school based on the school’s site.
· Agreeing teachers’ pay and conditions locally.
· Including enrichment sessions (and non-contact time for teachers) in the school timetable.

The Innovation Unit provides advice and a central point of contact for these schools. It is clear that the existence of the power has encouraged schools to consider innovative options that they may not previously have contemplated.

In practice not all innovative ideas require an exemption from legislation and the Innovation Unit has been able to explain and promote the flexibilities that exist. To clarify what is possible under the current system, advice on School Freedoms has been placed on the Innovation Unit website.

Figure 1 (overleaf) shows diagrammatically how this process has operated.

The majority of enquiries have been at stage one level in which the Innovation Unit has been able to demonstrate that the school already has a dehgree of freedom in the area of interest and this informal discussion has lead to the school adopting new practice without recourse to seek legislative permission for exemption.

Discussions which have gone to levels 2 and 3 of the diagram have also resulted in schools having the confidence to explore further or adopt new practice.

The application form has been downloaded from the Innovation Unit website 964 times. This figure of course included the file having been downloaded by interested parties other than schools.

Figure 1