Unions write to DfE over Brexit threat to EU children

In the joint letter, the National Education Union (NEU) general secretaries Kevin Courtney and Dr Mary Bousted, together with the National Association for Headteachers’ (NAHT) general secretary Paul Whiteman, express their dismay at recent reports suggesting that EU citizen children have had their school place threatened and raise concern that the action of some school leaders may be a consequence of ‘poor-quality’ Government guidance to schools.

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According to the NEU and NAHT, the Against Borders for Children (ABC) website has reported that some schools have issued notices to parents that threaten their child’s place in school, if they have not received EU Settled Status by 31 October.

In the letter to education secretary Gavin Williamson they state, ‘We believe the DfE’s guidance for schools lacks clarity. While noting that schools cannot take nationality or immigration status into account for admission purposes, it fails to make clear that schools should not ask parents of enrolled pupils to prove that their child has applied for, or holds, settled status.'

'That this has caused a great deal of anxiety to students and school staff, who are already very anxious about their future in the UK, goes without saying.'

The union leaders also express concern for staff working in schools.

'We do not know what information has been issued to EU citizens working in schools but must assume that they have received similar advice regarding their right to live and work in the UK after 31 October,' they state.

'We are concerned both by the impact that such misinformation is likely to have, and by what the spread of misinformation might mean about the quality of advice to schools.

‘Our joint view is that the guidance is open to misinterpretation and therefore places school leaders at risk of legal action. Guidance to schools must clearly state the actions they need to take (and need not take) in relation to employees and students. Guidance must also distinguish between what is legally required and what is not. 

'School leaders should not have to contextualise general advice from the Home Office which the DfE have simply repeated verbatim.’

The NEU and NAHT have also asked for confirmation that the addresses of pupils will not be passed to the Home Office on request and for future guidance from the DfE to be more than a repeat of the Home Office’s general advice to employers.

In response to the letter, a Department for Education spokesperson said, 'EU citizens will be able to remain in the UK if we leave without a deal, children will not lose their school places and to suggest so is false and misleading.
 
'The National Education Union and National Association of Head Teachers should know better than to scaremonger about such an important issue.'