Management Information Sheet
Final Changes in School Teachers Pay and Conditions 2010
Please refer to the MI sheet issued on 16th July 2010 which gave detail that had been contained in a draft of the School Teachers Pay and Conditions Document (STPCP) that was then at the consultation stage. The outcome of consultation was concluded and section 2 of the Document laid before parliament on 10th August, coming into force on 1st September 2010 having completed the normal parliamentary process. That said, section 3 guidance is still out for consultation. This is important to note, given that it will give important guidance on the implementation of new criteria for SEN allowances, particularly in relation to safeguarding.
Updated summary of changes in Pay and Conditions from September 2010
Changes which had been proposed but will not be implemented from September 2010
A Copy of the Statuary Instrument (Pay Order) No 2010/1979 and section 2 of the STPCD can be found on www.education.gov.uk and not on Teachernet as in previous years.
New allowance range for SEN
Although Norfolk and other consultees had asked for the new arrangements to be deferred to allow time for schools and central services to assess the implementation of this change, we now confirm that the new criteria for SEN allowance has been introduced from September 2010.
Under this change to STRB, there is a requirement on schools and central services to review their current arrangements to determine whether allowances being paid to teachers satisfy the new criteria (as set out below) and are of the correct value. Where a teacher receives a lower value allowance under the new criteria, there will be transitional arrangements to safeguard pay. These arrangements will be set out in section 3 guidance, the detail of which is in draft form and currently out for consultation. Please note - for information only given that it is not confirmed - that the draft guidance reads as follows:
"Where the relevant body makes a change in its pay policy or the school's staffing structure such that the criteria and factors cease to be met or now merit the payment of a lower allowance, this could result in the value of the allowance being reduced or withdrawn. In these cases, the general safeguarding rules under paragraph 43 (and subject to paragraph 5) of the Document apply"
We realise from discussions with Headteacher colleagues that the rules on safeguarding are somewhat impenetrable but this essentially means that safeguarding of the difference between old pay and new pay lasts three years and that if the safeguarded sum is more that £500, commensurate additional duties can be allocated. Where during the period from 1st September 2010 and 31st September 2013, the person concerned receives a TLR or becomes part of the leadership group, safeguarding will be eroded or eliminated. However, detailed advice will follow once the Section 3 guidance is formally issued.
The new SEN allowance range in more detail
New provisions apply in paragraph 25 of the STPCD from 1st September 2010 as follows:
Model Pay and Performance Management Policy
Apart from the new SEN allowance range, the changes for 2010/2011 are relatively minor and should not prevent schools undertaking the Performance Management work required by half term, in accordance with the existing policy. The policy will be changed during the autumn to reflect the actual changes once the Statutory and non-statutory guidance, has been received. Given the requirement that the Governing Bodies set out clearly their policy on SEN Allowances, we will wish to engage with Headteacher, colleagues and Teacher Trade Unions and formulate an approach which can be commended to you for adoption and incorporation within your Pay Policy. This will take some time - hopefully a matter of weeks - to achieve but in the meantime our advice is to look at the three elements of the criteria and begin to frame your thoughts so that when a further advice is received, you will be ready to start the required process.
Updated summary of changes in Pay and Conditions from September 2010
| Increase to pay scales of 2.3% across all pay ranges. |
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| A new allowance range for Special Education Needs, together with revised criteria, to replace the separate allowances, which from 31st August 2010 no longer operate (see more specific detail below) |
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| Revision of teachers and headteacher's professional responsibilities and conditions of employment. |
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| Updates to the threshold provision. |
Changes which had been proposed but will not be implemented from September 2010
| New criteria for deciding who should be placed on the Leadership Pay Spine |
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| An upper limit on leadership pay such that no headteacher or member of the leadership group can earn more than the Prime Minister. The Secretaries of State consulted the Chair of the School Teacher's Review Body (STRB) and he has accepted her advice to remit the STRB to review and consult on leadership pay and an upper limit to apply from September 1st 2011. However the Secretary of State has indicated the need to look further at the implementations of a limit as part of a wider review of leadership pay but as an interim measure is intending to write to relevant bodies (governing bodies and the Local Authority) about the need to exercise senior pay restraint in the current academic year. |
New allowance range for SEN
Although Norfolk and other consultees had asked for the new arrangements to be deferred to allow time for schools and central services to assess the implementation of this change, we now confirm that the new criteria for SEN allowance has been introduced from September 2010.
Under this change to STRB, there is a requirement on schools and central services to review their current arrangements to determine whether allowances being paid to teachers satisfy the new criteria (as set out below) and are of the correct value. Where a teacher receives a lower value allowance under the new criteria, there will be transitional arrangements to safeguard pay. These arrangements will be set out in section 3 guidance, the detail of which is in draft form and currently out for consultation. Please note - for information only given that it is not confirmed - that the draft guidance reads as follows:
"Where the relevant body makes a change in its pay policy or the school's staffing structure such that the criteria and factors cease to be met or now merit the payment of a lower allowance, this could result in the value of the allowance being reduced or withdrawn. In these cases, the general safeguarding rules under paragraph 43 (and subject to paragraph 5) of the Document apply"
We realise from discussions with Headteacher colleagues that the rules on safeguarding are somewhat impenetrable but this essentially means that safeguarding of the difference between old pay and new pay lasts three years and that if the safeguarded sum is more that £500, commensurate additional duties can be allocated. Where during the period from 1st September 2010 and 31st September 2013, the person concerned receives a TLR or becomes part of the leadership group, safeguarding will be eroded or eliminated. However, detailed advice will follow once the Section 3 guidance is formally issued.
The new SEN allowance range in more detail
New provisions apply in paragraph 25 of the STPCD from 1st September 2010 as follows:
| the system of two separate and defined SEN allowances has been replaced with spot value allowances that fall within a specified SEN range; | |
| SEN allowances must be paid for to those teaching in:
SEN posts that require a mandatory SEN qualification (all settings) special schools and in designated special classes or units in schools and local authorities; | |
| SEN allowances will also be payable to those teaching in non-designated settings, including PRU's, that are analogous to designated special classes or units where the post: involves a substantial element of working directly with children with special educational needs; requires the exercise of teacher's professional skills and judgment in the teaching of children with special educational needs; and has a greater level of involvement in the teaching of children with special educational needs than is the normal requirement of teachers throughout the school or unit or service; | |
| the new SEN range starts at £2,001 with the maximum being set at £3,954 (September 2010 values). Where a SEN allowance is to be paid, the relevant body must determine the spot value of the allowance, taking into account the structure of the school's SEN provision and the following factors-
a. whether any mandatory qualifications are required for the post; b. the qualifications or expertise of the teacher relevant to the post; and c. the relevant demands of the post. | |
| As a result, where a teacher is currently in receipt of a SEN allowance awarded prior to the 2010 Document the Governing Body/ Central Service must determine whether the teacher remains entitled to a SEN allowance in accordance with the new criteria; and if so, determine the amount in accordance with a,b and c above | |
| governing bodies will need to set out clearly in their Pay Policies the arrangements for rewarding teachers under the new SEN criteria. Where posts reflect a high level of involvement under the three factors, it would be expected that the allowances paid is towards the top end of the new range. |
Model Pay and Performance Management Policy
Apart from the new SEN allowance range, the changes for 2010/2011 are relatively minor and should not prevent schools undertaking the Performance Management work required by half term, in accordance with the existing policy. The policy will be changed during the autumn to reflect the actual changes once the Statutory and non-statutory guidance, has been received. Given the requirement that the Governing Bodies set out clearly their policy on SEN Allowances, we will wish to engage with Headteacher, colleagues and Teacher Trade Unions and formulate an approach which can be commended to you for adoption and incorporation within your Pay Policy. This will take some time - hopefully a matter of weeks - to achieve but in the meantime our advice is to look at the three elements of the criteria and begin to frame your thoughts so that when a further advice is received, you will be ready to start the required process.