Western Mail

Union’s High Court threat over pupils’ return – as it could see a teacher die’ Threat over pupils’ ‘see a teacher die’

- ABBIE WIGHTWICK Education editor abbie.wightwick@walesonlin­e.co.uk

ONE of Wales’ biggest teaching unions has warned teachers could die if schools re-open to pupils next week as planned.

The Nasuwt Cymru has threatened the Welsh Government with High Court action if it resumes faceto-face teaching.

The union’s General Secretary Patrick Roach has written to First Minister Mark Drakeford demanding he reverses the decision to allow schools to re-open to more of the youngest pupils from Monday.

Warning that a “teacher could die and/or contract debilitati­ng long Covid-19” if face-to-face teaching resumes next week, he said teachers’ human rights could be breached by schools re-opening and threatened High Court action.

The Welsh Government has said the youngest learners can start to return from February 22 and yesterday Mr Drakeford indicated older learners could return from March 15.

During Friday’s briefing, he said: “Getting more children and young people back to school and college will be our priority.

“If the situation continues to improve over the next three weeks, our aim is for all primary school children to return to face-to-face learning from March 15.

“We also want to get some older learners – such years 11 and 13 in schools and those doing qualificat­ions in colleges – back on a blended learning basis, if the conditions are right.”

Councils have announced their individual plans to reopen to more pupils after only key workers’ and vulnerable children could attend in the latest lockdown. But Nasuwt Cymru said Covid rates are “too high” and getting more pupils back for face to face teaching puts teachers’ lives at risk.

The letter to Mr Drakeford, signed by Nasuwt National Secretary Dr Roach, says: “I write to you on behalf of members of the Nasuwt (The Teachers’ Union) in relation to the announceme­nt by the Welsh Government regarding the reopening of primary schools from 22 February 2021.

“The purpose of my letter is to ask you to not require schools to resume face to face teaching whilst Wales remains at Level 3 (High Risk) or Level 4 (very High Risk), pending further evidence of virus suppressio­n and the introducti­on of additional workplace and public health mitigation­s to minimise the spread of the virus amongst teachers.”

His letter adds that any wider opening of schools must also be subject to employer health and safety duties to staff.

School leaders and councils have had to follow new re-opening guidance from Welsh Government including masks to be worn by staff around any children unable to socially distance.

But Dr Roach said risks posed to teachers by the resumption of classroom teaching are greater than those faced by most of the rest of the public.

His letter goes on: “In the case of early years teaching this is because of the difficulti­es of ensuring effective social distancing. In the case of younger pupils, such a risk is greater because of the likelihood of noncomplia­nt behaviour outside of the classroom. In rare, but realistic instances, a teacher could die and/ or contract debilitati­ng long Covid19. This is not an exaggerati­on or hyperbole.”

The letter concedes the Welsh Government can require schools to open by law (under the Coronaviru­s Act 2020) but says it must exercise that power in relation to the European Convention on Human Rights (ECHR) which states everyone’s right to life shall be protected by law.

“The Nasuwt contends that if any of its members died from contractin­g Covid-19 having been required to return to school pre-vaccinatio­n his or her Article 2 rights would be infringed. This is particular­ly the case since the Government has it within its power to provide early vaccinatio­n to teachers.”

It adds: “I trust that this matter will be given your immediate attention and that you will reply as a matter of urgency to the point set out above. Failing which, the NASUWT will consider taking proceeding­s in the High Court, for appropriat­e declarator­y or other relief.”

NASUWT National Official Wales Neil Butler added: “In looking ahead to the return of any further groups of pupils it will be critical that local and national public health teams closely monitor the impacts of the limited return of the pupils going back next week on virus transmissi­on, both inside schools and

within the wider community.

“Any decisions about keeping schools open for those returning next week and the return of other groups of pupils at a later date should be led by scientific evidence and advice.

“We cannot risk a further surge in community-level virus transmissi­on by rushing to return too many

pupils too quickly. The Education Minister has said that wider reopening would happen ‘if conditions continue to improve over the next three weeks’, and she must be true to her word and ensure that extreme caution is exercised in managing decisions on schools.”

The Welsh Government was contacted for comment.

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 ??  ?? Nasuwt Cymru General Secretary Patrick Roach
Nasuwt Cymru General Secretary Patrick Roach
 ??  ?? > First Minister Mark Drakeford
> First Minister Mark Drakeford

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