Duty to collaborate
There has been growing interest in partnerships to deliver education in recent times. Now the government
intends to make it a legal requirement for schools to collaborate to help deliver the new 14 to 19 Diplomas.
Legal expert Rebecca Taylor-Onion explains why partnerships are becoming so important and how new
collaborations might work in practice
Why do we need new Diplomas? could come to an informal agreement with other schools or further
In 2006, the government announced a new system of Diplomas for education colleges. Alternatively, partners could enter into a formal
students aged 14 to 19, aimed at equipping young people with the arrangement through either joint governance and/or a legally
skills they need to succeed in a fast-moving world where employers binding contract.
are demanding more and more of recruits. Many schools and further education colleges throughout the
T_h e Education and Inspections Act 2006 gives young people country already work together informally based on shared values
the right to study a choice of 17 Diplomas alongside GCSEs and and a shared vision. Informal arrangements can be agreed through
A Levels by 2013. T_h e new qualifi cations will include academic an exchange of letters in a memorandum of understanding. T_h ese
training and work experience to ensure that the UK has an documents can set out what the parties want to achieve, for
accomplished workforce with the necessary range of skills to example, in relation to a shared curriculum and shared facilities.
compete globally. T_h e agreement may also specify which subjects will be taught by
T_h e Diplomas are being phased in gradually, but schools must be which institution.
able to provide all eligible pupils with the full choice of Diplomas by However, informal agreements are not legally binding and the
2013. success of the collaboration will rely on the commitment of the
schools and colleges involved. Informal collaboration can work very
Role of local authorities and schools well if all the partners feel secure in their own commitment and
Local authorities will have a major part to play in ensuring pupils that of their partners to achieving a shared goal.
benefi t from the full choice of Diplomas. From 2010, they will T_h is can depend heavily on the dedication and diplomacy of the
become responsible for planning, commissioning and funding all individuals involved. For this reason, schools and colleges often
education for young people up to the age of 19.
Previously, the Learning and Skills Council (LSC) was responsible
for planning and paying for all post-16 education. However, the
Schools will be given a legal duty
machinery of government changes, published in 2007, will make
to collaborate, and that they will
local authorities the strategic lead for all children’s services from ages
0 to 19. T_h is will include responsibility for education provision,
‘
have responsibilities for children
including for the new Diplomas.
Local authorities will have to fund a wide range of new Diplomas
across their area as well as
alongside traditional qualifi cations like GCSEs and A levels. To do
this, they will need to secure value for money and this will be no
on their own r
’
oll
easy task. It will require the co-operation not only of schools, but
also of further education institutions, if all 17 Diplomas are going wish to enter into a more formal agreement to work together over
to be made available to all eligible pupils. In short, it will require the longer term.
collaboration. While it can take an equal amount of co-operation to establish
T_h e new Education White Paper is called Building a 21st formal partnerships, a legal arrangement once up and running can
Century Schools System and 21st century education will be built on have the advantage of certainty, not only in terms of the parties’
partnerships. long-term commitment, but also in relation to their respective roles
T_h e White Paper says that schools will be given a legal duty to and responsibilities.
collaborate, and that they will have responsibilities for children Federations of schools or academies are one way for schools
across their area as well as on their own roll. But schools will need to partner each other formally. Collaborations can be formalised
willing partners with whom they can work. Further education by creating a joint governance committee, known as a “hard”
colleges will therefore need to be on board too, and schools and federation. Having a joint committee facilitates the closest possible
colleges will need to pool resources if, between them, they are going relationship between schools and provides the added advantage of
to be able to provide the full complement of Diplomas. joint strategic, fi nancial and general management. T_h is will enable
schools to pool resources more easily, including teaching and
How will collaborations work? facilities.
So how can schools and colleges work together to implement these
crucial 14 to 19 reforms? T_h ere are a number of options. Schools Continued on page 20
Delivering Diplomas • Volume 1 No 1 Autumn 2009 19
19-20 legal.indd 7 17/9/09 18:28:33
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