by René Lavanchy
THE National Union of Teachers is confident that it can head off any legal challenge to proposals for a boycott of primary school tests by teachers and headteachers next year.
Tomorrow (Saturday) NUT delegates are expected to endorse a motion to the union’s annual conference in Cardiff calling for a boycott of SAT tests at ages 7 and 11. The National Association of Headteachers will vote on an identical motion next month, which could lead to schools refusing to set the tests in May 2010.
When the unions announced their plans for a joint vote two weeks ago, the Department for Children, Schools and Families warned headteachers that they had a statutory duty to administer the tests.
But NUT executive member Dave Harvey told Tribune: “We’ve had advice from the union’s senior solicitor. He’s confident that we have a trade dispute.” The NAHT said it regretted having to make the threat.
Teachers’ unions have not joined together to boycott tests since 1993, when the then Conservative Government supported Tory-controlled Wandsworth council in a legal bid to stop the boycott. The council’s injunction was rejected by the High Court, which ruled the matter was a legitimate trade dispute because it covered working conditions.
This year, the NUT and NAHT are campaigning against testing on the grounds that it damages childrens’ education. But Mr Harvey was confident a boycott could be defended in court. He said: “To some extent it’s a genuine trade dispute in that we’re seeking a reduction in workload. This will be a way of reducing teachers’ workload as well as a way of providing a better, more rounded education in schools.”

