Greenwich council backs down on shutting schools in face of government legal action as parents DEFY order to keep children at home because 'they NEED their last three days' of term

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The leader of a London council today admitted he had 'no choice' but to ask schools to stay open following threats of legal action from the Government after he ordered pupils to be sent home for the Christmas term early.

Danny Thorpe, leader of the Royal Borough of Greenwich in South East London, made the admission after some schools stayed open - amid concerns children are being set back 'years' because of sub-standard online learning.

England's chief inspector of schools, Ofsted boss Amanda Spielman, has blasted councils for taking the 'easy' option as parents and children had been left in limbo after the Government became locked in a legal battle with left-wing councils and education unions in an effort to keep schools open. 

The end of term in the capital is in chaos after three Labour-run local authorities, Greenwich, Waltham Forest and Islington, initially shut all their schools with the blessing of Mayor Sadiq Khan amid growing coronavirus cases.

Education Secretary Gavin Williamson has used the Coronavirus Act to force schools in Greenwich to remain open against the wishes of the local council. Mr Williamson had told the council to withdraw letters announcing that schools were shutting by 10am today. Islington and Waltham Forest are said to have been given the same warning.

If they fail to do so, Mr Williamson can apply for a court order. Disobeying it could put the council in contempt. Mr Thorpe had initially said it was too late to reopen schools after they received the notification at 5pm yesterday.

But he said this morning: 'With Covid-19 cases rising rapidly in the borough, I cannot agree that this is the correct choice for our schools. However, I also cannot justify the use of public funds to fight the decision in the courts. Consequently, I have no choice but to ask our schools to keep their doors open to all students rather than just continuing with online learning.'

Earlier today, Chief Inspector Ms Spielman sided with the Government, saying: 'It's so easy to call for closures and forget the long term price that children pay. Just to put it in context, one day of national school closure that works out at about 40,000 child years of education in total, and my concern really is obviously about children here'. 

She added that online learning and repeated periods of isolation have 'chipped away' at the progress pupils have been able to make since returning to school in September - and that there is 'no substitute' to classroom learning. Ms Spielman said: 'This is a worrying trend; in many cases, homeschooling will not be able to provide the level of education that a child will receive at school'. 

Meanwhile the Government said every secondary school and college in England will be given access to rapid coronavirus testing from January. All staff in secondary schools and colleges across the country will be eligible for weekly rapid tests as part of an initial rollout. Students will also be eligible for daily testing for seven days if they are identified as a close contact of someone who has tested positive.

The schools chaos comes as:

• Christmas gatherings are at risk after Matt Hancock sounded the alarm about the emergence of a new strain of coronavirus as he plunged 11million more people into tough Tier 3 lockdown restrictions;
• Britain yesterday recorded a further 20,263 Covid-19 cases, in a rise of more than a third in a week. Monday's death toll stood at 232 people - in a 22.8 per cent spike on the 189 deaths seen on the same day last week;
• London Mayor Sadiq Khan called on the Government to look again at the easing of coronavirus restrictions over Christmas - saying it is wrong to go from 'Tier 2 to Tier 3 to Tier 0' next week 'doesn't make sense';

Meanwhile one school in Greenwich defied the council's request, with parents of children at James Wolfe Primary School saying they supported the decision staff made to keep it open. 

Parents Vera Castelneau (left), Clemence Cera (right, in left picture) and Audu Ibrahim (right) at James Wolfe Primary School in Greenwich, South East London, which is staying open today despite the council's request for it to close

Parents of children at James Wolfe School (pictured today) said they supported the decision staff made to keep it open

Mother-of-three Wendy told MailOnlne: 'I don't see what closing the school would have done. And the kids need their last three days at school. They're having their Christmas party and the other fun things they do at school.'

The mother - who has three children, aged five, eight and ten, at the school – added: 'It round have been a real shame if that was cancelled after they've had such a bad year.'

Another mother, who asked not to be named, said: 'We need our school open. There are lots of kids with special needs who need to be at school.'

Father Audu Ibrahim said it would be 'really inconvenient' if the school had shut. He told MailOnline: 'The whole thing was really confusing. First it was shut and then it was open. I'm relieved that bit had not shut. Childcare would have been a nightmare.'

A further mother added: 'I think it's good news that the school has stayed open. Parents have to work and there are other places that should be shut first, like pubs and restaurants.'

Two mothers condemned the Greenwich school closure as 'political'. One, Clemence Cera, said: 'That guy from Greenwich Danny Thorpe should resign. The announcement to close schools was purely a political act. He wanted to get his name in the paper. The way he told everyone was disgraceful. 

'He did not inform the school beforehand. The staff just got an email and a text the night before like us the parents. I would be stuck trying to work from home when the kids are off school. I don't have any family who can help with the childcare.'

Vera Castelneau added: 'It's wrong. The way Greenwich communicated the school was terrible.' The friends both have daughters, aged seven and eight, at the school.'

In his statement this morning, council leader Mr Thorpe added: 'From the start of this pandemic, both myself and the whole council have worked tirelessly to support our whole school community. 

 

'The action we took on Sunday was based solely on doing the right thing for our borough, not a protracted legal argument with the Government, which absolutely nobody needs at the end of an extremely difficult term.

'It's easy to call for school closures and forget the price children pay': Ofsted Chief Amanda Spielman blasts London's three Labour councils for cancelling classes early

Ofsted boss Amanda Spielman

England's chief inspector of schools today blasted London's Labour councils of taking the 'easy' option by ending the Christmas term early and said children are being set back 'years' because of sub-standard online learning.

Ofsted boss Amanda Spielman spoke out as London parents and children were left in limbo today after the Government became locked in a legal battle with left-wing councils and education unions in an effort to keep schools open.

She said: 'It's so easy to call for closures and forget the long term price that children pay. Just to put it in context, one day of national school closure that works out at about 40,000 child years of education in total, and my concern really is obviously about children here.'

She added that online learning and repeated periods of isolation have 'chipped away' at the progress pupils have been able to make since returning to school in September - and that there is 'no substitute' to classroom learning.

Ms Spielman said: 'This is a worrying trend; in many cases, homeschooling will not be able to provide the level of education that a child will receive at school'.

Asked if schools should be kept open in England, Ofsted chief inspector Amanda Spielman told BBC Radio 4's Today programme: 'I do believe it's the right thing to do, rather than taking very short-term decisions to close...

'Arranging child care at short notice - we could be taking doctors, nurses off shift, out of vaccination clinics. Inadvertently shooting ourselves in the foot. It's a difficult balance to get right.

'But, let's make sure that people take carefully considered decisions in the best interests of everyone concerned.'

Ms Spielman added: 'We are in a really difficult situation where people are having to weigh up short-term concerns about health risks and long-term concerns about children's education. It's very difficult to do that.

'It is so easy to call for closures, and forget the long-term price that children pay. We need clarity, consistency, not last-minute decisions.'

Ofsted also warned today that repeated periods of isolation due to coronavirus have 'chipped away' at the progress that pupils have been able to make since returning to school in September.

A series of reports from the watchdog suggest that Covid-19 related absences have led to pupils losing more learning, with many children thought to be at least six months behind.

In just over half of the schools visited, pupils in bubbles were sent home to self-isolate at some point during the term, with more children sent home in secondary schools than primary schools.

In one school, inspectors were told that 588 pupils out of 620 - almost 95 per cent - had had at least one Covid-19-related absence. On average, the absence was around nine and a half days per pupil.

Meanwhile, in another school, every year group had been affected in some way, with sometimes whole year groups being sent home.

A few school leaders said that a significant proportion of their pupils had had to self-isolate on two or three separate occasions.

The Ofsted report into the impact of the pandemic is based on nearly 2,000 visits to education and social care providers across England during the autumn term.

 

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'The council has issued the following response to the Government, which outlines our serious concerns about forcing our students to attend school in person and our intention to reluctantly comply with the Secretary of State's directive.'

Eltham MP Clive Efford reacted to the decision today, saying: 'I want to pay tribute to our schools for the way they've kept going in the face of incredible challenges throughout this pandemic.

'Greenwich's schools are not closed for children who need to attend and every child should have access to online teaching. Statistics show that infections have gone up massively among school age children and continue to do.

'Christmas is a chance give schools a break and to get a strategy in place for when they return to make them safer for pupils and staff. I think the secretary of Sate's time would be better spent delivering on its to guarantee equal access to broadband and devices so that all children can learn when they are forced to stay at home.

'It's incredible that the government is attacking Greenwich council which is trying to keep schools safe from harm while at the same time private schools are closing early. Like always, with this government it's one rule for them and another for the rest of us.'

Also within the Greenwich area, St Mary's Catholic Primary School in Eltham was only accepting key worker children today. One father and his young son were turned away as he was not a key worker.

Another boy holding a book bag was seen crying hysterically outside the school gates because he did not want to go in - and was eventually taken home by his guardian.

Childminder Gabi Iwanska, 38, said as she dropped her son off: 'If closing the schools helps bring down the infection rates then I am fine with it. We all want coronavirus to finish so if this can stop it then the sooner the better.

'I am a keyworker so my child can still go to school. But I do feel for the other parents who may have to make last minute childcare arrangements. It is a hard situation for everyone so we need to make sure we get these tough decisions right.'

A 47-year-old nurse from Blackheath, who gave her name as Ewa, said: 'The decision to close schools hasn't really affected me as a key worker.

'This school wasn't going to be open on Friday anyway as it was shutting for Christmas time early so at the end of the day, it will only be closed three days early.

'Greenwich Council is trying to do a good thing really because they want to stop the spread of the virus. But then a child's education is so important. It is a delicate balancing act.

'Learning is vital and they have already lost so many months of classroom time from the first lockdown. If shops are open then schools should be too.'

Another mother, who wanted to remain anonymous, said after dropping her daughter off: 'I really think this councillor has made a maverick decision and should have consulted with the government before making the announcement.

'If one council can get away with it then lots of other areas might follow suit. It's the principle really.

'This has caused chaos among all the local schools. I am in a WhatsApp group with lots of mums and that seems to be the best source of information. No one really knows what is going on.

'Every school seems to be doing something different. It was all so last minute too so us parents had no time to prepare. My family all had Covid three weeks ago, probably from my daughter mixing at school, which meant my keyworker husband had to self isolate.

'Schools seem to be where the virus is spreading so if reverting back to remote learning for the last week before Christmas can halt it, I don't think it's a bad thing.'

Families have been scrambling to organise childcare with less than 24 hours' notice amid growing fears among millions of London parents that all the capital's 20 Labour-run councils could follow suit. 

Critics have accused officials of abandoning children after a year of massive disruption to their schooling and questions over the quality of online teaching they receive. 

Islington Council told its schools to shut from tonight and not to reopen until January 11. Meanwhile Waltham Forest Council also said last night that it was 'recommending that all schools move to online learning'.

In Islington, Montem Primary School in North London was due to close its doors at 1pm today, following advice issued by Islington Council that schools across the borough should close early.

Parents, who were only told about the sudden closure yesterday, were confused and divided as to whether it is the right approach.

Peter O' Leary, whose son attends the school said: 'I think it's way too short notice to close and it's only three more days. But they've just suddenly sprung it on us and we're all going to suffer for it. Basically that's it.

'We literally found out about this yesterday. I don't really see why it should shut. They've got their bubble in place and if anyone gets Covid they have two weeks off anyways. They've got everything in place.'

Asked how his son, who has special needs, will cope with the change, Mr O'Leary said: 'It's a routine for him and now it's just rocked the routine again.

'The funny thing is, NHS and nursery kids, they can still come to school, so I just want to know why if I don't work as a nurse it means my kid can't come to school.'

Christine Malley, who has four children at the school aged nine, eight, five and two was also caught off guard about the closure.

Education Secretary Gavin Williamson (left) used the Coronavirus Act to force schools in Greenwich to remain open against the wishes of the local council. But Danny Thorpe (right), leader of the local authority, said it was too late to reopen schools.

Ms Malley said: 'I think a lot of it is short notice from the government. One minute we're getting told it'll be alright and then yesterday it got sprung on us that they will be finishing school today.

'So it's a bit up in the air, especially at Christmas. I thought I had until Thursday to do all my Christmas food shopping but now I don't, I have to rush today and get bits and pieces. It's quite overwhelming really.

'I think because there have been quite a few cases of Covid in the school we need to shut them early so people get to spend time with their families. Nothing is ever like just straight forward, it's always back and forth, back and forth. So you don't know if you're coming or going.

'For safety reasons I think it should close, because a lot of people I talk to say kids don't show symptoms and that's what's making it spread so it will be good to see if the numbers do start to come down.'

Richelle Agag, who also has two children at secondary school, said: 'I think it would be much better to do online study you know.

'Because with this situation, they say the kids can cope with the virus but the problem is the kids can give it to the parents. I prefer the council's advice because it's safe to do so, because it's online.

'It's safer for everyone to stay away from each other. Especially because I have a baby and they can't wear a mask.' They say kids can cope with the virus but it depends on their immune system as well.

'So I don't want to risk my kids' health and my health.' 

Tori Cole, a foster carer who has two children at the school and two at a nearby secondary school said: 'It's really hard because I want them to stay in school but equally I want them to keep hold of the virus.

'But especially my 12-year-old has missed so much school over the summer. This school, I've had it three times where the kids have had to self-isolate.

'I've got one at home isolating at the moment and it's the second time. So I think every school is different and they have to sort of do it their way.

'It does look scary when you see everyone gathering outside the school. But I think the school should judge rather than the government or the local authority saying every school should close.'

Omar Ali, whose children also attend the school said: 'I'm not happy for the school to be closed if I'm honest because children can't get the education they missed during the summer.

'It's only two or three days left so I definitely think it should stay open. I think yesterday we got a text message saying it's going to close today at one o'clock.'

Fernanda Mata, whose three-year-old daughter is at the school, said: 'To be honest I think it's better to close because the cases are rising. I'm a little bit confused, but I understand because it's a different situation so I'm OK with that. I would prefer my daughter to stay home.'

Fatima Hussein, who also has children at the school and lives just around the corner, added: 'If things are getting worse, it's better, and that's my recommendation, to close and just see what happens, if there's any change.' 

James Wolfe Primary School is one of 133 schools advised to close by the council in Greenwich - but it is still open today

Since schools break up on Thursday, there would appear to little time for the dispute to be resolved. 

The Department for Education (DfE) has written to all Greenwich and Islington schools in light of the statements from the councils.

But headteachers have been calling for more flexibility to end in-person teaching earlier to reduce the risk of pupils and staff having to isolate over Christmas.  

Last night marked the first ever use of a measure called a Temporary Continuity Direction under the Coronavirus Act.

'It is simply not in children's best interests for schools… to close their doors,' said Mr Williamson. 

'Schools and colleges up and down the country have shown incredible resilience in the face of this pandemic – and it's down to the hard work of teachers and staff that millions of children and young people have been able to benefit from a face-to-face education and be with their friends.

'I have always been clear that using legal powers is a last resort but continuity of education is a national priority. That's why I won't hesitate to do what is right for young people and have issued a direction to Greenwich Council setting out that they must withdraw the letter issued to headteachers on Sunday.' 

On Sunday, council leaders in Greenwich became the first to advise schools to close and switch to remote learning amid a rise in coronavirus cases.

They were followed yesterday by local authority chiefs in Islington, North London, and then Waltham Forest, in East London. In Basildon in Essex, nearly all secondary schools have already moved to full remote education.

Education officials had been urging schools to ignore demands from Mr Khan and local authority leaders to close their doors until January – despite the capital heading into Tier Three restrictions.

But many parents could still keep their children at home this week despite the Government's win over Greenwich council, a headteachers' union has said.

Geoff Barton, general secretary of the Association of School and College Leaders (ASCL), said: 'The Government may find it has won a hollow victory in its squabble with Greenwich council over end-of-term arrangements.

'It has compelled direct classroom teaching for the last few days of term, but we would not be surprised if many parents simply keep their children at home given the evident concern over Covid infection rates.

'It has been an unseemly end to a gruelling and exhausting term when schools at the very least deserved some flexibility over their end-of-term arrangements in the best interests of their pupils and staff, but instead have been met with legal threats from the Government, not only in Greenwich but more widely. That will not be easily forgotten.'

Mr Khan called on the Government to consider closing all secondary schools and colleges in the capital. The rise in cases among ten to 19-year-old children has been identified as a major reason for the surge in cases in South East England.

However, No 10 said the Prime Minister wanted 'all schools and colleges to remain open until the end of term on Thursday'. 

Mr Barton has also described the fight between national and local government as 'pretty squalid' as he expressed outrage that some headteachers had been threatened with legal action over refusing to keep their schools open.

He told BBC Breakfast: 'How dare we treat our public servants who are trying to do their best in difficult circumstances to keep education going - how dare we have them treated like that?'

Mr Barton added: 'It's pretty squalid, don't you think, that here we seem to have turf wars between the national and local government, and in the middle of it the people I represent - headteachers.

'I think we want to look back and think we did the right thing for our schools and college communities. Who is placed to decide what kind of online learning we can provide?'

Dr Mary Bousted, joint general secretary of the National Education Union (NEU), said: 'We condemn the decision of the Secretary of State to pursue legal routes. This is a desperate move from government ministers who have lost the plot. Rather than resorting to legal action, ministers should be supporting heads to make professional judgments on the safety, or otherwise, of their school remaining open.

'I am hearing from heads who have high numbers of staff isolating, combined with Covid clusters in their school which mean that whole year groups have to stay at home. The situation is chaotic and unsustainable.'

But Calum Semple, professor of outbreak medicine at the University of Liverpool and a member of the Scientific Advisory Group for Emergencies (Sage), said experts are 'not seeing an increase in disease severity or numbers amongst school teachers, that has to be borne in mind'.

He told BBC Breakfast: 'We do appreciate that teenagers are capable of catching the virus, and transmitting it amongst themselves and taking it home, but we've made a very important political decision that schools need to be kept open because we cannot throw away a generation of broadcasters, lawyers, even politicians who are in the making, and they need to be educated and be ready to take up the mantle in years to come.

'So, schools have been considered to be essential. It shouldn't be perceived that schools are the only place where amplification is happening.'

Mothers Debbie Cooper (left) and Griselda ZIko (right), both 35, outside Eltham CofE Primary School in the Royal Borough of Greenwich, South East London, yesterday. The council demanded all the borough's 133 schools should now shut

One senior government source told MailOnline that the intervention from Mr Khan and two Labour-run councils, backed by the teaching unions, had more than a 'whiff of political opportunism'. 

Kevin Courtney, joint general secretary of the NEU, said the union is 'pleased' with Mr Khan's demands for early school closures and more testing for pupils. 

Mr Courtney added: 'We strongly welcome the decision by Greenwich Council to urge all of its schools to close from Monday evening, to all except vulnerable children and the children of key workers. We urge other councils to take the same decision.

'The Government should have been planning for this weeks ago. They have now started to recognise the blindingly obvious fact that transmission is happening in schools and that this can spread to families. Much more is needed to control the virus in schools and to protect communities.'

Asked about Labour leader Sir Keir Starmer's call for schools to stay open, Mr Khan told Sky News: 'It's very reluctantly that I'm saying to the Government they need to provide urgent guidance on our schools, because some schools aren't Covid safe.

'When you speak to the children, the parents, the teachers, the staff, they all tell you their concern about their establishments - whether it's a school or an FE college - being a place where the virus is accelerating.'

Geoff Barton, general secretary of the Association of School and College Leaders (ASCL), said: 'It is deeply unfair on school leaders, teachers, families and pupils that they are caught between the heavy-handed approach of central government and increasing alarm at local infection rates.'

He added: 'Although it is now incredibly late in the day, the Government must remove the threat of legal action and allow schools to make the decisions they need to make on behalf of their staff and children. 

'In the future, it must allow for more nuanced responses to local infection rates and the huge disruption affecting many schools rather than insisting on a one-size-fits-all approach'. 

One school worker in Greenwich said: 'This has created a huge amount of confusion for parents. Schools will have hundreds of emails & calls to deal with tomorrow morning, adding to their already high workload and pressure'. Another wrote: 'This is a disaster for families in Royal Greenwich. Schools should be the last thing to close. Please could you provide the evidence you have used to come to this awful decision?'

Historic Greenwich is one of the busiest tourist spots in the capital, and is a magnet for shoppers and drinkers.

One critic said: 'Massive double standards at play. The pubs have been open all weekend - zero social distancing in Greenwich town centre... then a Sunday evening 'tweet' to shut schools early within 24 hours.'

Another parent said: 'Some of us cannot master magic childcare over night that is not what we normally use. Not all of us can use family right now either'. 

** Have you been caught up in the schools chaos? Email martin.robinson@mailonline.co.uk **