Government calls in lawyers as teachers boycott next month's exams for 11 year-olds

The National Association of Head Teachers and the National Union of Teachers confirmed today that industrial action to "frustrate the administration of the tests" will go ahead, following meetings of their executives.

It comes after headteachers overwhelmingly supported a boycott in ballots carried out by the two unions.

Action is expected to start on Tuesday May 4 - two days before the country goes to the polls.

But it is understood that the Department for Children, Schools and Families is talking to its lawyers over whether the Government or local authorities, as teachers' employers, are best placed to take legal action if necessary.

The tests - known as Sats - in English and maths are due to be taken by 600,000 11-year-olds in the week beginning May 10 - just days after the election and on what is expected to be the first day of office for a new government.

It sets the scene for a showdown between the unions - who together represent around 80% of primary headteachers - and a new government, whatever the colour.

Both Labour and the Conservatives have insisted that Sats should not be scrapped, although Schools Secretary Ed Balls has said the system is "not set in stone", while the Tories have pledged to reform the tests.

The unions argue the tests are bad for children, teachers and education, cause unnecessary stress, and lead to the creation of league tables which undermine the work of schools and heads.

NUT general secretary Christine Blower said: "Both the NUT and the NAHT executives have voted that we will be calling the action. It will be, as we have said, to frustrate the administration of the tests in English and maths.

"The point we have to carry on making is this is not strike action, children will be in schools and will be taught, this is action with no downside."

She added: "I am very pleased that we have reached this decision. Not only are we boycotting Sats but we are saying to schools that this is finally the opportunity to do the exciting things you always really wanted to be doing in the classroom.

"We can make sure Sats week is a really brilliant week, a creative week, which is what we would want every single week of the year to be".

NAHT general secretary Mick Brookes said: "The Government missed the opportunity to reform the assessment for pupils in Key Stage 2 when they abolished the same tests in Key Stage 3 in 2008.

"We cannot continue to have our colleagues and their school communities in the primary sector disparaged on the basis of a flawed testing regime. We guarantee that children in Year 6 will leave with accurate information about their achievements that will be both broad and positive.

"We are determined, for all the right reasons, to see positive change. This protest is a significant mark of that determination."

The NUT and the NAHT balloted members involved in the administration of the tests - including headteachers, deputies and assistant heads - over the past month.

According to the results, announced last Friday, 74.9% of NUT members who voted were in favour of a boycott, as were 61.3% of NAHT members who voted.

Turnout for the NUT's ballot was 33.8% and for the NAHT it was 49.7%.

Hundreds of thousands of pupils could be affected by a boycott, and Mr Brookes has said previously that he expects "many thousands" of primaries to be involved in the action.

If this many schools are involved it will throw the creation of league tables into chaos.

Speaking at the NUT's annual conference in Liverpool at Easter, Ms Blower said the boycott was a trade dispute focused on headteachers being undermined by the creation of league tables using Sats results.