Schools

400 schools sign up to take collective action against SIMS

However the DfE has given schools the green light to proceed with sign-up

However the DfE has given schools the green light to proceed with sign-up

16 Dec 2021, 16:32

More from this author

edtech demonstrator United Learning
Exclusive

Around 400 schools have signed up to take collective legal action against England’s biggest school management information system (MIS) supplier.

Education Software Solutions (ESS) SIMS has scrapped its usual one-year rolling contracts in favour of a three-year contract extensions from April. The firm runs around 70 per cent of school MIS systems.

Schools say the move is forcing them to make decisions about switching providers with too little time to avoid being locked into the extended deal.

The government had told schools to delay signing up to the deals while it investigated. But today the Department for Education has told schools they can now proceed.

But law firm Stone King has now revealed that 49 clients, representing 397 schools, have signed up to take collective action in response to the contract renewal notices.

While official legal proceedings have not yet been launched, the firm said it is in dialogue with ESS lawyers and believes the change is legally questionable.

Graham Burns, a partner at the firm, said: “There has been no consultation with schools and trusts before the announcement was made to move to a three-year contract cycle, and the trusts have not been given a sufficient period of time to run a compliant procurement process and potentially migrate to another provider.

“We are supporting the trusts to negotiate a sensible, amicable and, most importantly, a fair outcome with ESS which allows the trusts to continue to operate their schools without disruption.”

SIMS

DfE gives green light for school to proceed as normal

Last month the DfE said it was looking into the change and encouraged “all schools to pause before agreeing to this new contract whilst we investigate”.

But in an email sent to school leaders today the department now states: “Our advice is that schools should proceed in connection with the proposed contracts as they ordinarily would when procuring any contract, following the obligations they have as a contracting authority.”

Schools should ensure they manage public money compliantly and “deliver best value from their budgets”, the email adds.

Contracts are due to expire in April next year, meaning schools would need to put new systems in place by this point if they wish to leave.

SIMS initially told its customers if they wanted to cancel their current contract they must give notice by December 31.

Schools were told they have up until February 28 to sign up to the new terms to ensure “continuity of service”.

Mark Brant, chief executive of ParentPay, told Schools Week today: “There is no basis for legal action with the move to industry standard 3-year agreements which simply aligns us with many other providers.”

The firm will “continue to communicate to our customers setting out their options, and the actions required should they wish to continue to use SIMS into the future,” he added.

DfE guidance sent to schools in 2019 states that if an update within a contract term is “sufficiently material”, a new procurement exercise is required.

But the DfE said in today’s email that multi-year contracts “should be considered as a single total overall sum”. This means a new procurement process is required if the total contract cost surpasses £189,330.

A survey conducted by The Key – a competitor to SIMS – found 91 per cent of SIMS users said they did not feel they had enough time to procure other systems by April.

Latest education roles from

IT Technician

IT Technician

Harris Academy Morden

Teacher of Geography

Teacher of Geography

Harris Academy Orpington

Lecturer/Assessor in Electrical

Lecturer/Assessor in Electrical

South Gloucestershire and Stroud College

Director of Management Information Systems (MIS)

Director of Management Information Systems (MIS)

South Gloucestershire and Stroud College

Exams Assistant

Exams Assistant

Richmond and Hillcroft Adult & Community College

Lecturer Electrical Installation

Lecturer Electrical Installation

Solihull College and University Centre

Sponsored posts

Sponsored post

Beyond exams: why ASDAN’s refreshed qualifications are key to real-world learner success

In today’s outcome-driven education landscape, it’s easy to overlook the quieter, yet equally vital, qualities that help learners truly...

SWAdvertorial
Sponsored post

Turbo boost your pupil outcomes with Teach First

Finding new teaching talent for your school can be time consuming and costly. Especially when you want to be...

SWAdvertorial
Sponsored post

Inspiring Leadership Conference 2025: Invaluable Insights, Professional Learning Opportunities & A Supportive Community

This June, the Inspiring Leadership Conference enters its eleventh year and to mark the occasion the conference not only...

SWAdvertorial
Sponsored post

Catch Up® Literacy and Catch Up® Numeracy are evidence-based interventions which are highly adaptable to meet the specific needs of SEND / ALN learners

Catch Up® is a not-for-profit charity working to address literacy and numeracy difficulties that contribute to underachievement. They offer...

SWAdvertorial

More from this theme

Schools

Drop in teacher job adverts as falling rolls and cuts bite

Headteachers say they are expecting to employ fewer staff amid falling pupil numbers and financial pressures

Lydia Chantler-Hicks
Schools

Surge in school cuts ‘threatening Labour’s opportunity mission’

Poll for Sutton Trust charity finds rise in leaders laying off staff and cutting curriculum as funding storm hits...

Rhi Storer
Schools

Parents to get more of their money back from sQuid

Company said it had 'reviewed its refund policy' after Schools Week revealed parents' concerns

Freddie Whittaker
Schools

DfE bans former head of ‘holistic’ AP school after Ofsted safety concerns

Ofsted inspectors found pupils at the Devon school could access nearby train tracks and industrial units

Lydia Chantler-Hicks

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *