Heads braced for Sats showdown

The National Association of Head Teachers (NAHT) and the National Union of Teachers (NUT) yesterday confirmed they would take industrial action to "frustrate the administration of the tests", following meetings of their executive bodies.

But it is understood the Department for Children, Schools and Families (DCSF) is talking to its lawyers over the possibility of taking legal action.

Schools Secretary and West Yorkshire Labour parliamentary candidate Ed Balls said it was "extremely disappointing" the unions are pressing ahead with the boycott and insisted headteachers have a statutory duty to administer the tests, and a "professional and moral duty to put the best interests of pupils and parents first".

He said: "We have consistently said that the testing and assessment system is not set in stone, yet NUT and NAHT executives are choosing to ignore the major reforms we have already made and are continuing to make."

"We urge those heads who voted for action to think hard before disrupting children's learning, confusing and inconveniencing parents, and damaging the profession's reputation.

"We are now continuing our discussions with the National Governors Association and local authorities, through the Association of Directors of Children's Services and other local authority organisations, to assess the likely potential disruption and to decide next steps."

It is understood that the DCSF will say what further action may be taken, including legal action, over the next few days.

NUT general secretary Christine Blower said the boycott is a "lawful trade dispute" and the ballots have been carried out in an appropriate way.

Any legal challenge would be a "disappointment", she said, as there is "no reason for it".

"I would say this is action being taken by headteachers, deputies and assistant heads because we have exhausted all other ways to try and resolve this dispute," she added.

The standard assessment tests – 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.

The dispute puts the unions – who together represent about 80 per cent of primary headteachers – on a collision course with a new government, whatever its colour.

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

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.

Such legal action could be the third time recently that ballots have been challenged in the courts. Plans by RMT to take four days of strike action over jobs and working practices were halted following a legal challenge by Network Rail as was Unite action at British Airways.

Confirming the boycott, Ms 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."

"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," she said.