There are circumstances in which schools and their leaders may feel it is appropriate to communicate with staff, the student body and/or the wider community to acknowledge or address contentious issues or events, and particularly those which will have a direct impact on the school community. However, handling such issues appropriately and sensitively can prove challenging.
In the social media era, educational institutions and those teaching within them face potential condemnation online and in person, if they make statements or take action seen as inappropriately partisan or controversial. The impact of such concerns and a resultant reluctance on the part of many within education to weigh in on divisive events or topics was documented in the 2024 review1 by Dame Sara Khan, the UK government's Independent Adviser for Social Cohesion and Resilience. In the report Dame Khan concluded that many teachers felt ill-equipped to talk about the Israel-Palestine conflict and were concerned about upholding their legal duty to remain impartial; as a result, some schools in England had closed down all legitimate dialogue about the conflict.
However, staying silent is often also problematic. Dame Khan found that shutting down debate in this way had the potential to fuel "anger, hate and polarisation". It is also the case that silence can provoke a backlash itself; there are a number of instances in which educational institutions have found themselves under considerable criticism and pressure from the community they serve if they are deemed to have failed to call an incident out or take a clear stance in respect of certain issues or events. Action which may have been intended to be impartial and ensure inclusivity can be interpreted as a failure to stand up for a specific community or implicit support of another.
In this article, Caroline Thompson and Chloe Flascher explore both legal and practical considerations which school leaders might wish to factor in when determining how and when to communicate with those within the student body and the wider community on polarising topics or external events.
Legal and regulatory framework
Before issuing any statement, it is worth considering the relevant legal and regulatory framework.
Serious Incident Report to the Charity Commission
Before issuing any statement, it is worth considering the relevant legal and regulatory framework. Before issuing any statement, it is worth considering the relevant legal and regulatory framework. Schools which have charitable status will want to consider carefully the potential impact of any statement before issuing it in order to avoid a scenario in which either the statement or the reaction to it brings the charity into disrepute, resulting in an obligation to self-report a "serious incident" to the Charity Commission.
Defamation
Will any individuals or organisations referred to in the statement (even if only obliquely) be able to say that the statement will make others think less of them, such that it causes (or is likely to cause) them serious harm? If so, consider carefully whether there is good justification for making the statement. Under the Defamation Act 2013, there are a number of defences to a complaint in libel including where: (i) the statement is substantially true; (ii) the statement was on a matter of public interest and the author of the statement reasonably believed it to be on a matter of public interest; (iii) the statement is the honest opinion of the author, based on true facts which were indicated in the publication. Defamation is a highly technical area of the law and, where in doubt, it is prudent to seek advice in advance of making a statement.
Privacy and data protection
If a communication refers to a living individual it will contain the personal data of that individual. In the context of potential reference to pupils in any internal communication being sent to parents or teachers, schools (as data controllers) will need to be mindful of their data protection obligations under the UK GDPR and Data Protection Act 2018. Part of this will be ensuring that all information about a living individual (such as a pupil) is being processed lawfully and is accurate.
Where individuals are referred to, further consideration needs to be given to whether or not the individual in question will have a reasonable expectation of privacy in respect of the information included in the statement and, if so, whether there is good reason to include that information notwithstanding that individual's reasonable expectation of privacy – for example, that there are strong public interest reasons for publishing the information. Children enjoy stronger protection under privacy law than adults. We refer to the previous article published by Withers on understanding children's privacy rights in the context of approaches by the press.2
In general, if a decision is made to produce a statement in a bulletin on a polarising topic, care should be taken to ensure that individuals (such as parents, students, or third parties) are not – without careful thought and justification – named in or identifiable from the statement.
Government Guidance on Political Impartiality in Schools
1) Communications with the student body
The Education Act 1996 (the 'Act') requires headteachers to take such steps as are reasonably practicable to secure that where controversial political issues are brought to the attention of pupils in school, that they are offered a balanced presentation of opposing views. So far as communications to the student body are concerned, the school must act within the parameters of the Governmental guidance on political impartiality3, pursuant to which schools (regardless of type or funding arrangement including independent schools) have legal duties to "prohibit the promotion of partisan politics" and should take steps to "ensure the balanced representation of opposing views on political issues when they are brought to the attention of pupils". This means that teachers in the classroom are required to present different views on political issues in a fair and dispassionate way, avoiding bias.4 The focus of the guidance is on the teaching of subjects. However, it is also relevant to consider the guidance when deciding on the content of communications to students or tutees.
The rules on political impartiality also apply to public displays, such as banners and posters in public view and includes "other communications" e.g. electronic communications made on school-branded social media. As discussed further below, schools may also need to grapple with the question of how the political impartiality guidance applies to the display of flags or the wearing of badges by schools, students and teachers.
2) Does the issue fall within the guidance?
External issues on which a school feels it might need to communicate about may not be easily categorised as a "political issue" or "partisan politics" under the Governmental guidance so as to fall within the rules of political impartiality. The guidance itself too makes clear that "not all areas of ethical debate are political issues." The guidance notably states that where a school remains unsure if a topic is a "political issue", it is advisable to "avoid promoting a particular view to pupils and instead give a balanced factual account of the topic."
3) Special considerations during periods of heightened political activity / sensitivity
Schools should bear in mind that the guidance expressly states that "during periods of heightened political activity and sensitivity, including around elections or in the aftermath of significant political events, staff should be mindful to avoid activity within the school that could be construed as promoting a particular partisan view." It is arguable that the issuing of statements to teachers in a newsletter may be deemed "activity within the school" under the Government guidance.
4) Communications with parents
The guidance expressly states that legal duties on political impartiality do not strictly extend to schools' interactions with parents – this means that a newsletter or communication to parents of students would therefore strictly fall outside of the guidance. However, it does state that schools "may wish to consider the impact that promoting partisan views to parents, either by public displays or in other communications, may have". It also is difficult to imagine the circumstances in which there is value in sending out a communication or newsletter to parents which differs significantly from the stance taken by the school with regard to pupils or in public messaging. Taking divergent stances in its messaging to different groups would be a reputational risk in itself, opening the school to criticism and allegations of hypocrisy. Prior to making a statement on a controversial topic, it is worth considering the following:
Practical considerations
Prior to making a statement on a controversial topic, it is
worth considering the following:
- Purpose – What is the intended purpose of the statement? What are you / the institution hoping to achieve? Is making a statement the best way of meeting your objective? Are there alternative or additional steps which could be taken – for example, holding an impartial assembly, issuing a tightly-worded notice which goes out to form tutors which is to read out to tutees, or incorporating it as a feature into a PSHE lesson?
- Audience – who is the audience to whom you are seeking to communicate? Do special considerations apply? For example, if raising awareness of an issue with younger children, consider how to explore the topic in an age-appropriate manner.
- Regulatory framework – Does the UK government guidance on political impartiality apply? Or do you have greater discretion?
- Prevailing interests - How does the proposed statement fit within the prevailing interests of the school community and the values of the academic institution?
- Wording - How can you make sure that the wording aligns with those prevailing values and interests? In particular, are you going to risk alienating some of the student or parent body if you adopt certain wording? If so, can you temper the wording but acknowledge the issue and still get your point across respectfully? Is it helpful to include some explanation of the thought-process behind the statement?
- Who should make the statement – who is best placed to issue a statement on the topic/for it to be attributed to?
- Anticipating responses to the statement – Consider whether in the statement you want to include wording which directs any queries to a specific person / email address. Preparing draft responses to likely queries in advance means that you have time to think through how you would answer a difficult question without being under time-pressure. This exercise may also help inform the wording of the statement.
- Consider safety and wellbeing of staff and the student body – Could the statement provoke risk of harm to staff or the student body? Do you need to put in place any special measures to ensure the health and safety of staff or the student body?
- Key stakeholders – Would it be helpful to alert key stakeholders (e.g. staff) to the proposed statement in advance so that any concerns stakeholders may have can be addressed in advance? A further advantage of engaging with staff is so that they are prepared for questions from students / parents and know to whom all queries should be directed.
What about making a "statement" through the display of flags or wearing of badges?
As noted above, schools may also need to grapple with the question of whether it is appropriate to allow the display of flags or the wearing of badges.
Schools and staff
Previous statements by ministers indicate that headteachers should take a common-sense view when dealing with staff whose attire indicates a particular political view in order to abide with the Act. This may well include prohibiting staff from wearing partisan political symbols and attire; if staff are permitted to wear political badges or symbols then they will open themselves and the school to accusations of a failure to comply with the political impartiality guidance and the Act.
When it comes to the display of flags rather than badges, schools should be mindful of how controversial the display of a flag may be and if it would cause staff or students to feel distressed or harassed.
Pupils
The government's impartiality guidance recognises that, in some cases, pupils may have a strong personal interest in political issues and may seek to engage in political activity within school, such as protests or displaying political symbols.
Schools are required however to ensure that any pupil-led activity is conducted sensitively. This means that such activity by pupils, including the wearing of political symbols or attire:
- is not targeted at specific groups of pupils or staff;
- does not create an atmosphere of intimidation or fear for other pupils and staff;
- avoids pupils feeling that they would be stigmatised for holding or sharing alternative views; and
- is conducted in line with the school's behaviour policy, avoiding disruption for other pupils and staff.
Schools should also consider whether the wearing of political symbols or attire which causes others to feel intimidated, degraded, humiliated or otherwise feel that they are in a hostile or degrading environment, constitutes harassment under the Equality Act 2010, even if there was no intention by the wearer to harass.
Where controversial and partisan political issues arise, senior leadership should consider if it is likely that certain pupils will feel intimidated or feel that they would be stigmatised for holding or sharing alternative views, in violation of the impartiality guidance and the Equality Act 2010.
It is worth considering whether to include a blanket ban on the bringing of flags / badges into school, regardless of what they represent as part of the school's uniform policy. Ideally such a change would be introduced not in response to a particular spike in political feeling but as part of a routine update, during a non-politically charged period of time.
Conclusion
The question of whether to issue statements responding to or commenting on an external yet highly sensitive topic is a delicate balancing act. While staying silent may avoid immediate backlash, it can also contribute to frustration and polarisation and may not sit well with some members of the student, staff, or parent body.
On the other hand, issuing statements must be approached carefully, considering legal guidelines, the values of the institution, and the potential impact on the school community. Of paramount importance, of course, as outlined above, is to consider the specific circumstances of the school and be mindful of any prevailing interest within your school community. Ultimately, thoughtful decision-making and preparation are key to navigating these challenging issues effectively.
This article was authored by Caroline Thompson (Special Counsel) and Chloe Flascher (Associate), in the Media and reputation team
Footnotes
3. Published under the 2019 to 2022 Johnson Conservative government but still followed as good practice guidance:
4. Note that the guidance does make clear that schools designated with a religious character are free to teach according to the tenets of their faith and that the Government do not consider principles or views in line with these tenets to be covered by statutory requirements on political impartiality.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
