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