English Fluency Duty Guidance for Schools (October 2017)

Transcription

1 English Fluency Duty Guidance for Schools (October 2017) 1.0 Background 1.1 On 21 November 2016, Part 7 of the Immigration Act 2016 (the Act) came into force, requiring public authorities to ensure that any person who works for them in a customer-facing role speaks fluent English (or, in Wales, fluent English or Welsh). 1.2 A statutory Code of Practice on the English language requirements has been issued by the government to support public authorities in meeting their statutory duty and in the implementation of these requirements. The code provides practical guidance and examples which public authorities can consider. Further information can be found in the Statutory Code of Practice 013/english_language_requirement_public_sector_workers_code_of_practice_201 6.pdf 2.0 Scope 2.1 The fluency duty applies to public sector workers including staff in maintained schools and academies. The fluency duty applies in respect of existing staff as well as to new recruits. 2.2 The duty applies to permanent and fixed term employees, agency workers, selfemployed contractors and apprentices who work in a customer or public facing role and as a regular and intrinsic part of their role are required to speak to members of the public (which for school purposes includes pupils) in English are covered by the duty. 2.3 No higher or lower standard of spoken English should be applied to agency workers than to employees of the school working in an equivalent role. 2.4 For a worker whose first language is sign language, the fluency duty will be met by the provision of a sign language interpreter who speaks English to the necessary standard for the role. 2.5There is no requirement to assess teachers who are already required to meet a language standard. Teachers are appraised annually against the Teacher Standards. One of the Standards states that teachers must: 1

2 Demonstrate an understanding of and take responsibility for promoting high standards of literacy, articulacy and the correct use of standard English, whatever the teacher's specialist subject. 2.6 There are a lot of other roles in schools that fall under this duty, e.g. teaching and learning assistants, office staff, lunchtime supervision staff and others who regularly communicate with pupils and/or parents and/or members of the public as a part of their role. 3.0 Definition of Fluency 3.1 The code defines language fluency as: Fluency relates to a person's language proficiency and their ability to speak with confidence and accuracy, using accurate sentence structures and vocabulary. In the context of a public-facing role, a person should be able to choose the right kind of vocabulary for the situation at hand without a great deal of hesitation. They should listen to the member of the public and understand their needs. They should tailor their approach to each conversation appropriate to the member of the public, responding clearly with fine shades of meaning, even in complex situations. 3.2 The code also states that: Fluency does not relate to regional or international accents, dialects, speech impediments or the tone of conversations. 4.0 Standard of English Required for Different Roles 4.1 The level of proficiency in fluent English may vary from one role to another, depending on the type of interactions and requirements for a particular role. The level of fluency required must be matched to the demands of the role to ensure a proportionate approach to the duty. The aim of the duty is to ensure that employees or prospective employees have the necessary level of fluency for the role they are undertaking. 4.2 Schools must ensure that members of staff in roles to which the fluency duty applies, are able to speak English sufficiently to enable the effective performance of their role. 4.3 When assessing the standard of English spoken language proficiency, the following factors may be relevant: The frequency of spoken interaction The topic of spoken interaction 2

3 Whether the communication is likely to include technical, profession-specific or specialist vocabulary The typical duration of spoken interaction Whether the communication is repeated in, or supplemented by, written material provided to members of the public The significance of the spoken interaction for service delivery 5.0 Level of Language Fluency 5.1 Schools must satisfy themselves that an individual has the necessary level of fluency appropriate for the role they will be undertaking, whether an existing or a potential new member of staff. 5.2 Schools may consider using descriptors to explain to candidates the necessary level of fluency required for the role when recruiting. See below for example descriptors. 5.3 When assessing the required level of spoken English, the Common European Framework of Reference for Languages (CEFR) can provide useful descriptors of different fluency levels. 5.4 The CEFR has three main levels which are divided into two, giving six levels: A1 & A2 Beginner (Basic) B1 & B2 Intermediate (Independent) C1 & C2 Advanced (Proficient) 5.5 Public authorities are not required to specify a minimum spoken English qualification but, if they do, it is recommended that the level is not below the CEFR Level B1 see table below. CEFR Certificate B1 B2 Description Linguistic Fluency Example Descriptors Threshold or intermediate Vantage or upper Can exploit a wide range of simple language flexibly to express much of what he/she wants. Can keep going comprehensibly, even though pausing for grammatical and lexical planning and repair is very evident, especially in longer stretches of free production. Can adjust to the changes of direction, Ability to use simple language to express themselves with everyday situations. Can communicate essential points and ideas on familiar matters. Ability to connect phrases and use appropriate language to make themselves understood. Ability to speak with a degree of fluency and 3

4 C1 C2 intermediate Effective operational proficiency or advanced Mastery or proficiency style and emphasis normally found in conversation Can produce stretches of language with a fairly even tempo; although he/she can be hesitant as he or she searches for patterns and expressions, there are few noticeable long pauses Can express him/herself fluently and spontaneously, almost effortlessly. Only a conceptually difficult subject can hinder a natural, smooth flow of language. Can express him/herself spontaneously at length with a natural conversational flow, avoiding or backtracking around any difficulty so smoothly that the person with whom they are conversing is hardly aware of it. spontaneity regularly without undue hesitation and strain. Can present clear, detailed descriptions on a wide range of subjects. Can express themselves fluently and spontaneously with confidence. Can use language flexibly and effectively for social, academic and professional purposes. Can present clear, detailed descriptions on complex subjects. Can confidently express themselves spontaneously, very fluently and precisely. Can express finer shades of meaning precisely. Can present clear, smooth flowing description even in the most complex situations 5.6 Schools and individuals can use the linguistic descriptors in the above table to assess their fluency in English against the level required for the role. 6.0 Assessment of English Language Fluency 6.1 Where a particular standard of spoken language ability has been legitimately set as an essential requirement for a role, applicants may need to be assessed on their English speaking ability, either through a formal test or as part of the interview process used to assess communicative competence. Where staff or job applicants are clearly fluent to the necessary standard for the role in question, no further action other than to record that fact is necessary. 6.2 Schools should be prepared to accept a range of evidence of spoken English language ability. There are a number of ways a member of staff or job applicant could demonstrate their fluency, including, but not limited to: competently answering interview questions in English; 4

5 Work related test or scenario possessing a relevant qualification for the role attained as part of education in the UK or fully taught in English by a recognised institution abroad passing an English spoken language competency test or possessing a relevant spoken English qualification at CEFR Level B1 or above, taught in English by a recognised institution. 6.3 A British General Qualification may denote a particular standard of language ability but it would not be acceptable evidence as a qualification of spoken fluency, because spoken English is not part of the overall assessment of British qualifications. Although some elements of spoken English will be assessed as part of GCSE English from 2017 onwards, this is still not a generally recognised spoken language qualification or test. 6.4 The UK National Academic Recognition Information Centre (UK NARIC) provides information and advice about how qualifications and skills from overseas compare to the UK Regulated Qualification Framework including English language tests. Applicants may provide a letter of comparability from UK NARIC for schools to use in the selection process. 6.5 There are a range of external assessment tools available to determine English language competency. English language courses and tests examples include, but are not limited to: International Speaking and Listening (IESOL) Diploma: City and Guilds International English Language Testing System (IELTS): Cambridge English Language Assessment EIKEN test in Practical English Proficiency: The Society for Testing English Proficiency (STEP) Europass self assessment language passport: Council of Europe. 6.6 When the fluency duty is met by the provision of a sign language interpreter, the interpreter should be registered with the National Registers of Communication Professionals working with Deaf and Deafblind People (NRCPD). 7.0 Changes to Policies and Practices 7.1 Schools will need to review HR policies and practices to ensure that they reflect the fluency duty and should consider: making all public-facing staff aware of this new duty and explain the possible actions which may be taken if their proficiency in spoken English is found to be insufficient; 5

6 ensuring existing selection and appointment practices facilitate compliance with the fluency duty and inform those responsible for evaluating candidates of the spoken language requirements for the role; ensuring that their recruitment processes do not contravene the Equality Act 2010; all job applicants must be treated in the same way at each stage of their recruitment process (save for any reasonable adjustments required for disabled applicants); making clear in adverts and person specifications the necessary standard of English fluency required for role; ensuring consistency when advertising for similar types of roles; ensuring those responsible for evaluating candidates understand the spoken language requirements for the role. Interview panel members should be provided with an objective method of evaluating candidates against clear criteria set out in the role specification. updating the schools complaints procedure as necessary to cover complaints about the fluency duty; 8.0 How to assess against the Fluency Duty? 8.1 The processes and methods used to determine whether a person has a command of spoken English for effective performance in the role must be fair and transparent. 8.2 At Appendix 1, a table of roles in schools that have been determined as meeting the fluency duty are listed. This is not an exhaustive list of posts. Individual schools may have other roles that can be added to the list. The table also identifies the CEFR Level recommended for the post and how new and existing staff can be assessed. New employees 8.3 The advert for roles covered by the fluency duty must make it clear the level of fluency required for the role and that this will be assessed as part of the selection process. The English fluency requirement must also be included in the person specification of the post and the standard and level of English required with an appropriate descriptor should be included in the person specification. Examples: Advert: This role is deemed customer facing and as such you must have a command of spoken English which is sufficient to enable you to effectively perform the role. This requirement relates to Part 7 of the Immigration Act Person specification: 6

7 Ability to fulfil all spoken aspects of the role with confidence through the medium of English. The ability to converse at ease with customers and provide advice in accurate spoken English is essential for the post. Please see 5.5 above for more example descriptors to include in person specifications for the level of fluency required for the role. 8.4 As part of the recruitment and selection process, the interview panel that will be responsible for assessing candidates must have an understanding of the level of spoken language requirements for the role being appointed to and be competent to assess the level of fluency of the candidate against the CEFR levels. Interview panel members should objectively evaluate candidates against clear criteria set out in the person specification. Schools must determine how this will be assessed. See section 6.2 above. Existing employees 8.5 The fluency duty in respect of existing employees should be observed as part of day to day management and discussed with employees at one to one meetings as soon as possible in the autumn term. Line managers must assess the level of fluency against the CEFR levels using the methods indicated at appendix A written record of the assessment should be made by the line manager and a copy given to the employee and placed on the personnel file. An example form to record the assessment is at appendix If following assessment, an existing employee does not meet the required standard of fluency in English, it is the school s responsibility to implement measures e.g. training to support staff to reach the required standard of fluency. The support/action plan agreed with the employee should be recorded on the assessment form at appendix Training for existing employees 9.1 Schools must identify suitable interventions e.g. training courses, online support or qualifications that will meet the necessary standard of fluency in English required. The interventions must give staff the opportunity to meet the necessary standard within a reasonable period. Schools should meet the cost of training and allow staff to undertake training during their working hours. 9.2 Schools should consider individual learning and development needs of staff to determine which aspects of spoken communicative competence needs to be addressed and any training or support should be agreed with the member of staff. 7

8 9.3 There are many resources and means of providing training and support for employees to develop their spoken language proficiency to the necessary level, such as: listening to language podcasts; mobile language applications; providing an internal mentor or coach; online resources: - communities supports interaction and practice of language through conversation, study and social exchange with others; - self-study and tutoring these often offer individual study plans and access to interactive study material and support from qualified teachers; - courses and vocabulary training there are many free courses and on-line resources available, for example from the British Council or the BBC; interactive language programmes; and more traditional language classes are available in a number of community venues and educational institutions. 9.4 One of the best ways to improve language skills is to converse with native speakers. One-to-one support with someone who understands the context of the role is likely to help individuals currently operating in the workplace more than a generic English class. 9.5 Collaborative working between schools on providing training and other interventions to assist staff to meet the fluency duty is recommended. 9.6 If after implementing the interventions and allowing a reasonable time period to enable staff to gain the correct level of fluency, the member of staff does not meet the necessary standard of spoken English fluency, adjustments to their role may also be considered, such as reducing the frequency of communications with the public or supplementing communications with written material for the public. Consideration could also be given to moving or job swapping the individual to a non-public-facing role. 9.7 Staff must be given a reasonable opportunity and time relative to their needs to meet the necessary standard of spoken English fluency. As a last resort, the school could consider taking disciplinary action which could lead to dismissal on the basis that the employee is not capable of fulfilling their duties (schools should contact HR for further advice before taking such action), for example if: a member of staff has unreasonably refused to undertake training aimed to bring them up to the necessary standard for their role; or a member of staff has not been able to attain the standard of fluent English required for the role within a reasonable amount of time, after reasonable training opportunities have been provided; or 8

9 no other suitable post without public-facing duties can be made available for that individual. 9.8 If an agency worker is unable to meet the necessary standard of spoken English fluency, the school can consider terminating the agreement with the employment agency for their engagement in accordance with the terms of the contract between the employment agency and school Complaints 10.1Schools must have a complaints procedure in place for members of public to raise a formal complaint under the fluency duty where they have concerns that a publicfacing employee has insufficient proficiency in spoken English for the performance of their role. The Schools complaint policy could be used for such complaints. The policy would need to be updated to include complaints under the fluency duty. The complaint will need to be investigated and a response provided to the complainant. Example wording to include in School s complaints policy: Complaints from members of public under the Fluency Duty (Code of Practice on English language requirements for public sector workers) are covered under this policy The Code of Practice makes clear that a complaint about an employee's accent, dialect, manner or tone of communication, origin or nationality would not be considered a legitimate complaint under the fluency duty and vexatious, oppressive, threatening or abusive complaints will not be taken forward Where a complaint has been received under the fluency duty about a member of staff, then the school has a duty of care towards that staff member and should ensure that they are provided with the appropriate support and they should not be subjected to unnecessary fluency testing. The employee should be notified of the complaint and the action being taken in relation to it. They should be given the opportunity to give their own account of the facts leading to the complaint and they should be kept fully informed at each stage of the complaints process If a complaint is upheld the school must consider what steps can be taken to meet the fluency duty. This could include specific training, retraining or redeployment Obligations under the Equality Act Schools must take into account their obligations under the Equality Act 2010 when considering their duty to ensure that each employee in a public facing role speaks English to the required level. The processes and methods used to 9

10 determine whether a person has a command of spoken English for effective performance in the role must be fair and transparent It is unlawful to discriminate directly or indirectly against a person on grounds of race. Schools should ensure that everyone regardless of their nationality or ethnic background, in a recruitment process or whilst at work, are treated in the same way. When a school considers a complaint in relation to the fluency duty it should reject any complaint which relates to the public facing worker s race, nationality, ethnic origin or disability. 10