Coronavirus: Greenwich schools told to reopen after threat of legal action over switch to online learning

Greenwich council in south London has told schools to reopen to all pupils after being threatened with legal action by education secretary Gavin Williamson for switching to online learning over coronavirus fears.

Council leader Danny Thorpe said that Greenwich believes Mr Williamson’s order was wrong at a time of rapidly rising cases of Covid-19 in the borough and was being complied with only “reluctantly”.

But Mr Thorpe said the council could not justify the use of taxpayers’ cash to fight the Department for Education (DfE) in court and had no choice but to ask headteachers to reopen classrooms to all.

The DfE on Monday night issued a “temporary continuity direction” under the Coronavirus Act demanding the immediate withdrawal of a letter issued to headteachers over the weekend advising them to close schools early for the Christmas break and switch to online learning, for all expect children of key workers and those deemed to be vulnerable.

If Greenwich had failed to comply, the government could have sought an injunction to force reopening.

In a letter to parents, Mr Thorpe described the situation in Greenwich schools as “grim”, with 521 positive cases in schools since the start of term in September, and a total of 12,539 children and 1,231 staff self-isolating at some point.

On Monday alone a further 566 staff and pupils were required to go into self-isolation, with the seven-day case rate for the borough up 59 per cent over the course of the week.

Urging parents to take advantage of new facilities to get themselves and their children tested for coronavirus, he said: “Yesterday the council received a directive from the government that schools in the borough must remain fully open until the end of term. 

“While I cannot agree that this is the correct choice for our schools, 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.”

At least two other London boroughs – Islington and Waltham Forest – said on Monday they were advising schools to switch to online learning in the days before Christmas. 

Unlike Greenwich, who issued their guidance the day before, neither of these councils had faced a legal direction by Tuesday evening. 

Islington council has now advised schools to open as usual on Wednesday, and told schools they can arrange an inset day on Thursday - the final day of term for English schools - following discussions with the DfE.

“We issued this advice to schools because the situation in Islington is so serious,” Richard Watts, the council leader, said on Tuesday evening. “As Islington and London continue to face surging rates of coronavirus it’s absolutely vital we all work together and do everything we can to keep our families and loved ones safe."

Meanwhile, Waltham Forest council indicated it would not bow to ministers' pressure to withdraw its advice to schools, setting the stage for a potential legal battle with the government.

“We are confident that schools in Waltham Forest have made their decisions on the basis of their own individual risk assessment and with pupil safety at their heart,” council leader Clare Coghill said on Tuesday evening, adding some schools had decided to move teaching online for most pupils following their advice, while others had not. 

Both Islington and Waltham Forest had received a letter from the regional schools commissioner urging them to reconsider their stance telling schools to go online only for the last days of term. Greenwich received a similar letter, before it was issued with the legal direction.

Schools in Islington and Waltham Forest also received a letter from Nick Gibb, the schools minister, reminding them of the importance of staying open.

“It is disappointing that, during a year when teachers, pupils and parents have made extraordinary efforts to ensure education continues through a once-in-a-lifetime crisis, the minister has chosen to write to our schools threatening them with potential legal action," Ms Coghill said.

In his letter to Greenwich on Monday, Mr Willamson said it was “simply not in children's best interests for schools in Greenwich, Islington or elsewhere to close their doors", adding that the government would seek a court order if the council refused to comply.

Mr Williamson welcomed Greenwich Council’s decision on Tuesday to revoke guidance telling schools to go online-only for the final few days of term. “Children’s education is a national priority and this government has acted in the interest of children since the start of the pandemic,” he said. 

 The education secretary added: “The Regional Schools Commissioner and her team will continue to work with schools in the borough, as we are with schools across the country, to make sure they have the support they need to continue face to face education right up to the last day of term."

Elsewhere in London, Redbridge Council said they would support schools if they decided to move online for the final two days of term in light of staff and student absences - but said it was not their role to tell them to do this. 

Over in Basildon in Essex, eight out of nine secondary schools have moved to full remote education.

A number of independent schools - including Eton College - have also switched to online lessons and ended in-person teaching early amid a number of Covid-19 cases.

MPs have spoken out against the government’s determination to keep schools open at a time when the capital is going into the toughest tier 3 levels of social and economic restrictions, with pubs and restaurants shutting from Wednesday.

Wimbledon’s Conservative MP Stephen Hammond was among a group briefed by ministers on Monday.

“Frankly, the government should not be stopping schools closing,” he said.

“I have been of the view for at least a week now, looking at my local area, that schools should have been closed last Friday. With only three days left till the end of the term, we should make that decision today.”

London’s mayor Sadiq Khan has called for schools in the capital to close early.

But Downing Street said on Monday that all schools were expected to stay open until the end of term.

“We’ve consistently said that not being in school has a detrimental impact on children’s learning as well as their own personal development and mental health,” Mr Johnson’s official spokesperson said. “Which is why we expect all schools and colleges to remain open until the end of term on Thursday, as schools have remained open throughout the pandemic.”