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So, the new face-mask rules for schools. What do they say and what can parents do?
Thread here.
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Thread here.
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When will masks for kids be required?
In communal areas, in two circs: 1) discretion is given to heads to require masks where social distancing cannot be safely managed, if they believe it to be right in their circumstances and 2) mandatory in areas of local lockdown
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In communal areas, in two circs: 1) discretion is given to heads to require masks where social distancing cannot be safely managed, if they believe it to be right in their circumstances and 2) mandatory in areas of local lockdown
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Which schools and where?
Secondary schools only, in corridors and communal areas. The Guidance is clear that masks should not be worn in classrooms
"Face coverings have a negative impact on learning and teaching and so their use in the classroom should be avoided.”
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Secondary schools only, in corridors and communal areas. The Guidance is clear that masks should not be worn in classrooms
"Face coverings have a negative impact on learning and teaching and so their use in the classroom should be avoided.”
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On the basis of this any school that requires face masks for primary school children, or in classrooms, is acting contrary to DfE Guidance and potentially unlawfully.
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What can parents do to challenge the new rules?
The same exemptions apply as to mask wearing in general. Some important points.
The exemptions are subjective. Persons relying on exemptions “should not be routinely asked to give any written evidence of this”
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The same exemptions apply as to mask wearing in general. Some important points.
The exemptions are subjective. Persons relying on exemptions “should not be routinely asked to give any written evidence of this”
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The exemptions include “where putting on, wearing or removing a face covering will cause you severe distress”.
There is a statement that “No person needs to seek advice or request a letter from a medical professional about their reason for not wearing a face covering.”
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There is a statement that “No person needs to seek advice or request a letter from a medical professional about their reason for not wearing a face covering.”
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In educational settings the following statements are also important:
“We would expect teachers and other staff to be sensitive to those needs”, and, crucially
“No-one should be excluded from education on the grounds that they are not wearing a face covering”.
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“We would expect teachers and other staff to be sensitive to those needs”, and, crucially
“No-one should be excluded from education on the grounds that they are not wearing a face covering”.
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Therefore one answer for parents and children who do not wish to wear masks is simple: claim the exemption. Although schools might push back they would be ill advised to do so in light of the above and it might then be possible to argue that they were acting unreasonably.
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In addition, any school requiring masks should be reminded about their legal safeguarding obligations to prevent bullying and should be asked to show what measures they have put in place to mitigate any risk of children being bullied as a result of reliance on an exemption.
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